Amarillo teen arrested for possession in school parking lot

[HGWC]

See here:http://www.chron.com/disp/story.mpl/ap/tx/6871658.html

"AMARILLO, Texas — An Amarillo teen remains jailed after police say they found two unloaded handguns, a bulletproof vest and a baton in his vehicle at a high school.

Police in the Panhandle city arrested the 17-year-old Wednesday after searching his vehicle in the parking lot of Tascosa High School and finding the guns. No ammunition was in the vehicle.

The teen was arrested on suspicion of possessing a weapon in a prohibited place, a third-degree felony punishable by up to 10 years in prison.

A tip led police to the student.

The teen remained in the Potter County jail and was expected to be charged Thursday."

Handguns, vest, baton found in school parking lot. Looks like a charge under 46.03. PLACES WEAPONS PROHIBITED. Can someone explain why this would be illegal? I thought possession in a school parking lot was not a prohibited place.

I was also noticing that 46.03 references firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a), but then 46.05a doesn't mention clubs:

(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

[pbwalker]

Can someone explain why this would be illegal? .

I would assume it was because he's under 18. 46.06(a)(2) I think covers it...

[chabouk]

Can someone explain why this would be illegal? .

I would assume it was because he's under 18. 46.06(a)(2) I think covers it...

No, because that applies to the person doing the transfer. It's not illegal for a 17 year old to possess a handgun.

He also didn't violate 46.03 (places prohibited), because it specifies school premises as defined in 46.035 (meaning a building or portion of a building, not parking lots).

He's going to be expelled, and then the charges are going to be dropped as soon as someone bothers to read the law.

[hirundo82]

He's going to be expelled, and then the charges are going to be dropped as soon as someone bothers to read the law.

That is unless they decide to get the US Attorney to pursue charges. Unless the guns were unloaded and in a locked container, he was in violation of the Gun-Free School Zones Act (18 USC §922(q)).

[pbwalker]

Can someone explain why this would be illegal? .

I would assume it was because he's under 18. 46.06(a)(2) I think covers it...

No, because that applies to the person doing the transfer. It's not illegal for a 17 year old to possess a handgun.

He also didn't violate 46.03 (places prohibited), because it specifies school premises as defined in 46.035 (meaning a building or portion of a building, not parking lots).

He's going to be expelled, and then the charges are going to be dropped as soon as someone bothers to read the law.

Learn something new each day! Thanks chabouk!

[dihappy]

This really ticks me off!

Are we in New York or what?

[Oldgringo]

A tip led police to the student

{sigh}

"Loose lips sink ships", "the walls have ears", "concealed is concealed", "15 seconds of fame", etc., etc.

[dicion]

He's going to be expelled, and then the charges are going to be dropped as soon as someone bothers to read the law.

That is unless they decide to get the US Attorney to pursue charges. Unless the guns were unloaded and in a locked container, he was in violation of the Gun-Free School Zones Act (18 USC §922(q)).

Correct, if he did not have a CHL, he is in violation of this act.
The only exception to this act is to have a CHL issued by the state in which the school is located.

Since he's 17, he can't have a CHL, and is therefore in violation.

[LaserTex]

Dead on OldGringo - "Loose lips sink ships", "the walls have ears", "concealed is concealed", "15 seconds of fame", etc., etc.

I had a truck all through school and the only place I EVER had my 2 rifles was in my truck. True, this was San Angelo Texas Waaaayyyyyyyyyyy back there in 1984-1985. Never heard a peep. Even had show and tell with the Vice Principal once. Man have times changed. I wouldn't even CONSIDER doing that now...in San Antonio OR San Angelo.

Doug

[threoh8]

The teen was arrested on suspicion of possessing a weapon ...

Arrested on suspicion?

[dicion]

The teen was arrested on suspicion of possessing a weapon ...

Arrested on suspicion?

Since when has the media gotten anything right?

I'm sure the handguns were also fully automatic, in violation of the current assault weapon ban

[HGWC]

That's interesting. I didn't think it was illegal to possess if you're in the school parking lot, and I didn't recall a law against a 17 year old possessing a gun. I had heard about this 1000' safe zone or what ever. Having never read it, I looked up this federal Gun-Free School Zones Act. What a croc that is. It's already been ruled unconstitutional, and then they re-wrote it in 1995 to add more mealy mouth wording to it. They didn't get the message.

There's no way they get past the SCOTUS ruling just because the gun, at one time, crossed a state border in commerce. Possessing the gun didn't have anything to do with interstate commerce, and that's what they're trying to regulate. It also only applies to possession by those not licensed by the state to possess a gun. It doesn't say CHL, just licensed to possess. I'd say that in Texas we get almost all the license we need from the state constitution. If you walked onto school property with a handgun, no CHL, then maybe they could make a federal case out of it. If it's in your car though, with or without a CHL, I don't think they're getting a conviction. That's all assuming they could show your possession of the handgun had anything to do with interstate commerce, which has already been shot down once.

Expelled yes, but how lame is it that a 17 year old is taken down with a false arrest on a felony?

[HGWC]

The teen was arrested on suspicion of possessing a weapon ...

Arrested on suspicion?

Yeah, they haven't bothered to read the law, and they suspect that surely it must be illegal for this kid to have a gun.

[Oldgringo]

[davidtx]

An Amarillo teen remains jailed after police say they found two unloaded handguns, a bulletproof vest and a baton in his vehicle at a high school.

An armed twirler? What's this world coming to?