Ask the DPS CHL division staff a question.

[txinvestigator]

I am going to Instructor renewal class tomorrow. I realize it is late notice, but I will check the boards late tonight.

I will clarify the 30.06 and government schools question.

List any other questions you may have, and I'll try to get an answer.

[Wildscar]

I dont have a question but I just want to say welcome back. Kinda missed you strait forward answers that are backed up with written law.

[Kalrog]

I would love an answer about the private leasing of public property question that has come up a few times. Things like the circus at the AA center in Dallas. Are they able to enforce 30.06?

I doubt you get a good answer, but I would like it.

[jimlongley]

I am going to Instructor renewal class tomorrow. I realize it is late notice, but I will check the boards late tonight.

I will clarify the 30.06 and government schools question.

List any other questions you may have, and I'll try to get an answer.

30.06 postings of school parking lots?

Missed your commentary lately.

[Mithras61]

Would you please verify that HB1815 does not provide exemption from the Federal law concerning carry of firearms near schools? I do not believe it does, and would like to verify that.

Have missed your comentary also. Glad to have you back.

[Charles L. Cotton]

Would you please verify that HB1815 does not provide exemption from the Federal law concerning carry of firearms near schools? I do not believe it does, and would like to verify that.

Have missed your comentary also. Glad to have you back.

HB1815 ("Car Carry") does not impact the federal gun-free school zone statute. That statute has not be challenged since it was re-enacted after the Supreme Court struck it down.

Chas.

[Charles L. Cotton]

I suggest that we use caution in trying to put the DPS in the position of issuing what amounts to AG opinions. Their opinions have no legal impact on law enforcement or prosecutors, but we could sure give a certain female DPS attorney an idea for something to include in the CHL course and test - something we may not want included.

Chas.

[SkipB]

txinvestigator, Hope you have a safe trip down and back and enjoy your day there.

[frankie_the_yankee]

I would also be curious about whether a private business entity that leases property that is owned by the government can post enforceable 30.06 signs.

One example that has been exhaustively discussed is the AA center. It is owned by the city. But a private company has a 30 year lease on it.

Ordinarily, government owned property cannot be enforceably posted (except for certain specific types of places enumerated in the statute). But privately owned property can be enforceably posted.

So when a private company leases property owned by a government entity, can they enforceably post it or not?

I realize this isn't a binding opinion, but I am curious as to what DPS might have to say about it.

[Crossfire]

Be sure to ask them about "Castle Doctrine". It tends to aggravate them greatly!

Other than that, have fun shooting in the rain tomorrow morning. Be safe, and we will see you on the other side!

[txinvestigator]

Would you please verify that HB1815 does not provide exemption from the Federal law concerning carry of firearms near schools? I do not believe it does, and would like to verify that.

Have missed your comentary also. Glad to have you back.

HB1815 ("Car Carry") does not impact the federal gun-free school zone statute. That statute has not be challenged since it was re-enacted after the Supreme Court struck it down.

Chas.

Thanks everyone.

I don't think the CHL folks will make statements about non-chl issues such as HB1815.

AAC can post, the question is whether it is enforceable. I already the answer.

DPS, "That is a matter of fact for a judge or jury".

[Mithras61]

Would you please verify that HB1815 does not provide exemption from the Federal law concerning carry of firearms near schools? I do not believe it does, and would like to verify that.

Have missed your comentary also. Glad to have you back.

HB1815 ("Car Carry") does not impact the federal gun-free school zone statute. That statute has not be challenged since it was re-enacted after the Supreme Court struck it down.

Chas.

I'm unsure I understand you. Do you mean that the federal gun-free zone statute was re-enacted and that state law concerning car carry both exist and that the state law does not allow carry in a gun-free zone as the law currently stands?

I'm trying to make another argument for having a CHL for my S.O., and I'd really like to make sure that I'm corretc on this before I use it.

[frankie_the_yankee]

TX law now allows concealed carry in vehicles pretty much anywhere a vehicle can go, whether it is near a school or not.

Federal law prohibits carrying firearms within 1000 feet of a school unless you have a CHL. This includes loaded guns concealed in a vehicle. (Note: Transport of unloaded/secured guns is not prohibited, nor is possession of guns on private property, like if you live within 1000 feet of a school.)

So if you carry in your car and you don't have a CHL, you are violating federal law whenever you are within 1000 feet of a school.

And who know where all those boundary lines are?

If you have a CHL you don't have to worry about any of this. You're good to go.

[txinvestigator]

I'd like to read the Federal Law. Does anyone remember the number or have a link?

[Charles L. Cotton]

Would you please verify that HB1815 does not provide exemption from the Federal law concerning carry of firearms near schools? I do not believe it does, and would like to verify that.

Have missed your comentary also. Glad to have you back.

HB1815 ("Car Carry") does not impact the federal gun-free school zone statute. That statute has not be challenged since it was re-enacted after the Supreme Court struck it down.

Chas.

I'm unsure I understand you. Do you mean that the federal gun-free zone statute was re-enacted and that state law concerning car carry both exist and that the state law does not allow carry in a gun-free zone as the law currently stands?

I'm trying to make another argument for having a CHL for my S.O., and I'd really like to make sure that I'm corretc on this before I use it.

Correct. As for as Texas law is concerned, you can carry in your car without a CHL, even if you are within 1,000 feet of a school. Federal law however prohibits this conduct, unless you have a CHL issued by the state in which the school is located. (This means reciprocity agreements don't protect you from the federal statute, when we are in other states.)

Chas.