Can you take your gun to school?

[wdlsguy]

In Texas the school premisis means the building, not the parking lot or even the grounds.

"Premises" means 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 other parking area.

Note that "the grounds" are not explicitly excepted.

I live across the street from a school, and I cross the grounds on my evening walks.

Be sure to avoid "any grounds or building on which an activity sponsored by a school or educational institution is being conducted".

I am also wondering about the Texas traveling statute

Which is a huge can of worms right now. I personally wouldn't go anywhere near a school with a handgun without a CHL.

Chapter 46 of the Texas Penal Code.

IANAL.

 

[Snarlingiron]

Be sure to avoid "any grounds or building on which an activity sponsored by a school or educational institution is being conducted".

Good point. My excursions are always in the evening after the school is closed, so I think I am ok, although in todays atmosphere, who knows?

Note that "the grounds" are not explicitly excepted.

Another interesting point that will wait for the courts to weigh in.

Which is a huge can of worms right now. I personally wouldn't go anywhere near a school with a handgun without a CHL.

Certainly the most prudent approach to avoid any possibility of problems. Frankly, if you could see the frenzy to get as close to the building as possible so as not to have little sweet cake take one unnecessary step, well... all I can say is that with all the double parking, cutting each other off, etc. I am amazed that there is not at least a bout of fisticuffs every day.

 

[EricTheBarbarian]

Well i Live in ohio and Id rather not be caught with a gun on school property. Sure its an awful nieghborhood, but for some reason I get a wierd feeling that id be stopped by the police before I had to defend myself. The bad thing is in ohio, anytime your license plates or drivers license are ran it comes up in bright letters that you have a ccw. That is just asking for cops to harrass you. I know this because I have to intern with the police department for my degree. The computer lights up just the same as if you have a warrant out for your arrest as if you have a ccw. It says the difference but, why that needs to be known like that I have no idea. In my state if you have a ccw, you have a pretty clean record. For some reason, it seems to me, they still view you as a criminal because youre carrying a gun. I wouldnt want to risk my future on possibly overturning that in court and loosing my gun and right to own guns. But thats just me, hopefully somebody will challenge it.

 

[SMMAssociates]

Eric:

We're arguing (again) about that on the OFCC forum right now....

OH's law pretty well says "NO" across the board unless you're on-duty LE or have written permission, except for some very minor "transit for hunting purposes" sort of thing.

There's a line about "school premises" that some people don't seem to think means the parking lot and driveways.... My (IANAL) take is that it does, however there's no reason not to park on the street.... 'Course, our local High School and one Middle School are so far off the street that the kids might grow too old to attend while walking up the driveway. If they don't get nailed by one of their classmates....

Basically, the Federal Law exempts CHL holders, but the State can (and did) further restrict....

Stupid law....

Regards,