Texas - Concealed Carry and the Educator

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academy

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Hey guys. I've had a legal question kicking around in my head for a while now, and all the recent talk about events in CT makes me interested in finally getting the opinions of people more knowledgeable than myself.

I'm a substitute teacher here in TX, in a major metropolitan area with my concealed carry permit. Normally I only carry after work or on the weekends, but recent events, combined with the fact that I work at some pretty sketchy districts, have made me wonder about the feasibility of carrying to and from work. Now, I know I can't enter the building armed, so I want to ask: could I carry to work, leave my gun properly secured in the car, and then put it back on ofter work? Does the law about employer parking lots cover schools in Texas?

Thanks for your help.
 
According to the law in Texas (I am from there originally, lived there 30 + years) you cannot have your gun on school grounds. That includes the parking lot.

They are "gun free" zones for you, mister law abiding citizen.
 
You can't have your gun on school premises; which is defined as a school building or any building where a school related event is taking place. This does not include any parking lot, structure, roadway, or thoroughfare. As long as you aren't parking your car in the cafeteria or school hallway, you're good to go.
 
The upcoming session of the Lege will be looking into open carry. It could well be worthwhile to talk to your representative and senator about CHL in school by the school staff. (I limit it to "staff" as a starting point for future expansion.)
 
You certainly can as a CHL holder, carry on school grounds but not in the building. (or outdoor school sporting event, etc)

You can keep your gun locked in the car while you go into the building as you are a CHL holder.

This is NOT the case if are not a CHL holder.

http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf
(go to 46.035)


That said, you would probably be in violation of your terms of employment. Take a look at your employee handbook.
 
Can you pack a 800 lumens flashlight or some superduty OC spray or are those considered weapons too?
 
I can't imagine that the flashlight would be considered a weapon.

Most school districts do not allow peppers spray for student but I do not know about teachers.

my GUESS is that it would not be a matter of breaking the law, but it might be a violation of employment policy.

That is a question to be answered by the handbook.

BTW, Austin Independent School District puts up signs that are totally false concerning the carrying of weapons. Since they lie with signage, I have no confidence that they would tell the truth verbally. While your school district may be different, I would trust the handbook, not an administrator.
 
As an educator in Texas, I too am interested about the ability of leaving a firearm in a vehicle during the school day. Since Texas law already allows one to carry a concealed weapon in their vehicle without a CHL, would that extend to a school parking lot?
 
Parking Lot Storage Law
Labor Code Subchapter GA

52.061. Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition.
A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

Sec.A52.062.Aa

Exceptions.
(a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) Apply to:
(A) a vehicle owned or leased by a public or private employer and used by an
employee in the course and scope of the employee ’s employment, unless the
employee is required to transport or store a firearm in the officia discharge
of the employee ’s duties;
(B) a school district;
 
If it regulation doesn't change and if I was a teacher, I'd have in my class room a flashlight with the largest amount of lumens I can get. They would probally start banning flashlights too...
 
GEM, that raises as many questions as it answers. It seems the law is contradictory. As I understand it, it seems that as a CHL holder, as long as I don't enter the building, I'm ok. But according to that law, I can't store it in my car...

And LivewireBlanco, just get your permit. It's far easier than dealing with TEA. Just takes a Saturday's time. Maybe with all the crap going down, you can find an instructor willing to cut you an educator's discount.
 
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