Houston teacher arrested - gun in car on campus

[Glockster69]

Fondren Middle School tutor arrested after gun found in vehicle in parking lot | abc13.com

HOUSTON (KTRK) -- A tutor at a southwest Houston middle school was arrested after police say they found a loaded pistol in her vehicle Friday morning.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites.



The just did the story on TV news and reported Charetta Kemp told students she had a gun in the car. If so, DA move.

I thought only Federal agents could make an arrest for this charge.

 

[txinvestigator]

There is no such charge as "illegal possession of a weapon on campus".

Since we don't know what she was actually arrested for, it is not possible to determine if the arrest was lawful.

The 2011 law they quote in the article does not affect the legality of anything, it effects employer policy. News media is stupid.

 

[Glockster69]

I thought there was a Fed. law concerning 1000' gun free zone around schools.

 

[jordanmills]

That's some BS right there. Let's see the real report.

 

[TexasCajun]

There is a federal 1000' gun-free-zone around schools. But citizens with a Texas CHL are allowed to store their weapons in their locked vehicle in the parking lot. And the Texas legislature did make it illegal for an employer to fire an employee for having a weapon in their vehicle in the parking lot in 2011. But for some reason, schools are exempt from the parking lot law & can fire their employees if they violate a 'no firearms on campus' policy. Bad move on the part of the teacher/tutor if she did indeed open her yap.

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[Charlie]

There is no such charge as "illegal possession of a weapon on campus".

Since we don't know what she was actually arrested for, it is not possible to determine if the arrest was lawful.

The 2011 law they quote in the article does not affect the legality of anything, it effects employer policy. News media is stupid.

Bingo! Bingo! TI comes through for us again! We have a winner! Eff the federales and their "make it up as you go" laws!

 

[Driller]

I read a texas law shield bulletin last year that stated that you can carry concealed all the way up to the schools fro t door. Once you cross the threshold and enter the school then you are in violation. Wonder if she had a chl.

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[txinvestigator]

There is a federal 1000' gun-free-zone around schools. But citizens with a Texas CHL are allowed to store their weapons in their locked vehicle in the parking lot. And the Texas legislature did make it illegal for an employer to fire an employee for having a weapon in their vehicle in the parking lot in 2011. But for some reason, schools are exempt from the parking lot law & can fire their employees if they violate a 'no firearms on campus' policy. Bad move on the part of the teacher/tutor if she did indeed open her yap.

Sent from my Nexus 7 using Tapatalk 2

The law did not make it illegal to fire an employee. It made it illegal have a policy.

 

[txinvestigator]

I thought there was a Fed. law concerning 1000' gun free zone around schools.

Non federal LEOs cannot arrest for that. These were school district cops. They arrested her for some real or imagined violation of STATE law.

 

[txinvestigator]

I read a texas law shield bulletin last year that stated that you can carry concealed all the way up to the schools fro t door. Once you cross the threshold and enter the school then you are in violation. Wonder if she had a chl.

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It matters not if she had a CHL .

 

[Driller]

It matters not if she had a CHL .

Yes in that instance. Just confirming what I understood. Sounds like she might have a lawsuit.

Sent from my DROID RAZR using Tapatalk 2

 

[Bithabus]

Either the article is wrong, or this was a bad arrest.

 

[Glockster69]

I haven't been able to find the actual charges.
This is currently the top comment at KHOU.

HISD tutor arrested after loaded gun found in car | khou.com Houston



Michael W. Elliott · Works at Attorney and CHL Instructor

Good morning Mr. karedes.

My name is Michael Elliott and I am also a DPS certified CHL instructor and Federally Licensed FFL dealer and am wondering if ayone has pointed out that Ms. Kemp was not doing anything illegal by carring her loaded pistol in the glove box of her car in the parking lot. The police or school district had no legal authority to arrest her and she violated no laws. More specifically,
Texas Penal Code secton 46.03 is the applicable section entitled "Places weapons prohibited", and under section 1 of thas section states that "A person is prihibited from carrying a weapon on the physical premesis of a school". Section 46.03 (c) (1) of the same section states than "Premesis" has the meaning assigned by 46.035 of the Penal Code. Section 46.035 (f) (3) defines "Premesis" as "A building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or parking area." Therefore, the issue is abundantly clear and uncontraverted, Ms. Kemp did not violate any laws and should have never been arrested or incercerated. If I can be if any further assistance if answer any further questions, please feel free to call or email me.

Sent from Elliott's IPad

 

[35Remington]

I haven't been able to find the actual charges.
This is currently the top comment at KHOU.

HISD tutor arrested after loaded gun found in car | khou.com Houston



Michael W. Elliott · Works at Attorney and CHL Instructor

Good morning Mr. karedes.

My name is Michael Elliott and I am also a DPS certified CHL instructor and Federally Licensed FFL dealer and am wondering if ayone has pointed out that Ms. Kemp was not doing anything illegal by carring her loaded pistol in the glove box of her car in the parking lot. The police or school district had no legal authority to arrest her and she violated no laws. More specifically,
Texas Penal Code secton 46.03 is the applicable section entitled "Places weapons prohibited", and under section 1 of thas section states that "A person is prihibited from carrying a weapon on the physical premesis of a school". Section 46.03 (c) (1) of the same section states than "Premesis" has the meaning assigned by 46.035 of the Penal Code. Section 46.035 (f) (3) defines "Premesis" as "A building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or parking area." Therefore, the issue is abundantly clear and uncontraverted, Ms. Kemp did not violate any laws and should have never been arrested or incercerated. If I can be if any further assistance if answer any further questions, please feel free to call or email me.

Sent from Elliott's IPad

That's good stuff.

 

[Wabbit69]

Question: While it appears that Ms. Kemp violated no laws, is there anything keeping here employer from letting her go, anyway?

 

[Glockster69]

Right to work state so, no.

 

[Wabbit69]

Right to work state so, no.

Yeah, that's what I though. Just read the text of SB321. She's fired. Pretty cut and dried. As a side note, even if the law prohibited the employee from being fired, it's not too hard to have your position eliminated due to budgetary constraints.

 

[txinvestigator]

Right to work state so, no.

Right to work states are those in which employees cannot be forced to join a union. Perhaps you refer to an at will state?

 

[Glockster69]

Perhaps you refer to an at will state?

LoL. I blame it on the mental anguish. You are correct.

 

[n2pistols]

Not sure why the teacher told her students she had a gun in her car. I don't even tell my family when I am carrying at home, not the same as that teachers situation but i think it is my business only.