School teacher with LTC

A meeting place for CHL instructors

Moderators: carlson1, Crossfire

Post Reply
User avatar

Topic author
mloamiller
Senior Member
Posts in topic: 1
Posts: 425
Joined: Thu Dec 20, 2012 3:49 pm
Location: Grand Prairie, TX

School teacher with LTC

#1

Post by mloamiller » Tue Jan 16, 2018 1:16 pm

As I understand it, the Motorist Protection Act prevents employers from prohibiting employees from keeping a gun in their locked car in a company parking lot. There are some exemptions from this protection, one being a school. Therefore, the MPA does not cover a teacher keeping their gun in their car in the school parking lot.

I think there was a recently passed law that extended this protection to teachers' with an LTC - they are now allowed to keep a gun in their car in the school parking lot. Teachers without an LTC still can't.

Am I correct? If so, can someone cite the new law that was passed?
LTC Instructor
NRA Pistol Instructor, RSO
IDPA SO

User avatar

Flightmare
Senior Member
Posts in topic: 2
Posts: 1919
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: School teacher with LTC

#2

Post by Flightmare » Tue Jan 16, 2018 2:05 pm

S.B. No. 1566
http://www.legis.state.tx.us/tlodocs/85 ... 01566F.htm
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND
AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school
district or open-enrollment charter school may not prohibit a
person, including a school employee, who holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, from
transporting or storing a handgun or other firearm or ammunition in
a locked, privately owned or leased motor vehicle in a parking lot,
parking garage, or other parking area provided by the district or
charter school, provided that the handgun, firearm, or ammunition
is not in plain view.
Emphasis mine
Deplorable lunatic since 2016

User avatar

oohrah
Senior Member
Posts in topic: 3
Posts: 990
Joined: Mon May 27, 2013 5:54 pm
Location: McLennan County

Re: School teacher with LTC

#3

Post by oohrah » Tue Jan 16, 2018 2:33 pm

And to clarify, it is not MPA that allows handguns in vehicles on private employer lots. In 2011, SB 321 added Sections 52.061 through 52.064 of Subchapter G to Chapter 52 of the Texas Labor Code. This is the one did not include school parking lots.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.

User avatar

jmorris
Senior Member
Posts in topic: 1
Posts: 1186
Joined: Sat Mar 08, 2008 4:41 pm
Location: Cibolo
Contact:

Re: School teacher with LTC

#4

Post by jmorris » Tue Jan 16, 2018 2:41 pm

No, the MPA has nothing to do with leaving your firearm in your vehicle in an employer parking lot. Labor Code Section 52.061 stops employers from preventing you from storing you firearm in you vehicle whether you have a LTC or not. Flightmare gave you the code for schools BUT under MPA you'd be in violation of GFSZ.

(Edit: I really need to pay attention when it tells me someone else has posted)
Jay E Morris
Guardian Firearm Training, NRA Pistol, LTC
NRA Lifetime/Recuiter
Cibolo, TX

User avatar

oohrah
Senior Member
Posts in topic: 3
Posts: 990
Joined: Mon May 27, 2013 5:54 pm
Location: McLennan County

Re: School teacher with LTC

#5

Post by oohrah » Tue Jan 16, 2018 2:50 pm

The big difference to understand is that anybody can vehicle carry under MPA and the employer parking lot law. Only LTCs can keep firearms in vehicles on school parking lots.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.


WTR
Senior Member
Posts in topic: 1
Posts: 1548
Joined: Mon Nov 16, 2015 10:41 pm

Re: School teacher with LTC

#6

Post by WTR » Tue Jan 16, 2018 4:27 pm

What would the law be if you are an independent contractor working and parking on an owners right of way ( there is no parking lot) and they verbally tell you that no firearms are allowed on their property.


Greybeard
Senior Member
Posts in topic: 1
Posts: 2312
Joined: Thu Dec 23, 2004 10:57 pm
Location: Denton County
Contact:

Re: School teacher with LTC

#7

Post by Greybeard » Tue Jan 16, 2018 5:00 pm

Non-lawyer here with typical lawyer answer: "It depends". ;-) In my view, the most common use of "right of way" involves land adjacent to a public road, where an adjacent landowner would have little or no say. If an "easement", then maybe. A link for your review. https://info.courthousedirect.com/blog/ ... ght-of-way
CHL Instructor since 1995
http://www.dentoncountysports.com" onclick="window.open(this.href);return false; "A Private Palace for Pistol Proficiency"
24/7 Independent Practice Plans for local LEOs and Texas CHL holders

User avatar

oohrah
Senior Member
Posts in topic: 3
Posts: 990
Joined: Mon May 27, 2013 5:54 pm
Location: McLennan County

Re: School teacher with LTC

#8

Post by oohrah » Wed Jan 17, 2018 8:58 am

WTR wrote:What would the law be if you are an independent contractor working and parking on an owners right of way ( there is no parking lot) and they verbally tell you that no firearms are allowed on their property.
In my IANAL opinion, the firearm is not on their property, it is in your property. No one can dictate what you can legally do in your vehicle. Besides, concealed is concealed (as required.). And you're not trespassing if they gave you permission to park there.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.

User avatar

nightmare69
Senior Member
Posts in topic: 2
Posts: 2024
Joined: Thu Feb 21, 2013 9:03 pm
Location: East Texas

Re: School teacher with LTC

#9

Post by nightmare69 » Wed Jan 17, 2018 2:04 pm

I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
2/26-Mailed paper app and packet.
5/20-Plastic in hand.
83 days mailbox to mailbox.

User avatar

Flightmare
Senior Member
Posts in topic: 2
Posts: 1919
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: School teacher with LTC

#10

Post by Flightmare » Wed Jan 17, 2018 2:10 pm

nightmare69 wrote:I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
See above. The law changed this last session.
Deplorable lunatic since 2016

User avatar

nightmare69
Senior Member
Posts in topic: 2
Posts: 2024
Joined: Thu Feb 21, 2013 9:03 pm
Location: East Texas

Re: School teacher with LTC

#11

Post by nightmare69 » Wed Jan 17, 2018 2:12 pm

Flightmare wrote:
nightmare69 wrote:I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
See above. The law changed this last session.
That’s great!
2/26-Mailed paper app and packet.
5/20-Plastic in hand.
83 days mailbox to mailbox.

User avatar

billypat
Junior Member
Posts in topic: 2
Posts: 14
Joined: Wed Apr 04, 2012 7:11 am
Location: Palacios

Re: School teacher with LTC

#12

Post by billypat » Sun Apr 22, 2018 11:35 am

The "New" Version of the LTC-16 (now 88( came out in February of 2018. I was going through it. Am I correct when I say there is no mention or reference to HB 1566 Sec. 37.0815 in it anywhere? Maybe I'm just too blind to see, please tell me where.

User avatar

Keith B
Moderator
Posts in topic: 2
Posts: 17961
Joined: Sat Aug 18, 2007 3:29 pm

Re: School teacher with LTC

#13

Post by Keith B » Sun Apr 22, 2018 2:35 pm

billypat wrote:The "New" Version of the LTC-16 (now 88( came out in February of 2018. I was going through it. Am I correct when I say there is no mention or reference to HB 1566 Sec. 37.0815 in it anywhere? Maybe I'm just too blind to see, please tell me where.
Page 80 covers the parking lot law and exceptions https://www.dps.texas.gov/InternetForms ... LTC-16.pdf
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

User avatar

billypat
Junior Member
Posts in topic: 2
Posts: 14
Joined: Wed Apr 04, 2012 7:11 am
Location: Palacios

Re: School teacher with LTC

#14

Post by billypat » Sun May 27, 2018 3:24 pm

You are correct it does cover parking lot laws. However, it does not address S.B. No 1566 Sec 37.0815 Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Lot. Effective September 1, 2017.

User avatar

Keith B
Moderator
Posts in topic: 2
Posts: 17961
Joined: Sat Aug 18, 2007 3:29 pm

Re: School teacher with LTC

#15

Post by Keith B » Sun May 27, 2018 5:06 pm

billypat wrote:
Sun May 27, 2018 3:24 pm
You are correct it does cover parking lot laws. However, it does not address S.B. No 1566 Sec 37.0815 Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Lot. Effective September 1, 2017.
Correct. You can see that here https://statutes.capitol.texas.gov/SOTW ... /ED.37.htm
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school, provided that the handgun, firearm, or ammunition is not in plain view.

(b) This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03 or 46.035, Penal Code, or other law.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 13, eff. September 1, 2017.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

Post Reply

Return to “Instructors' Corner”