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Re: Harrold school district to staff: Pack your pistols
Posted: Thu Sep 04, 2008 10:38 am
by jmorris
seamusTX wrote:Yes. CHL holders are exempt from the federal "gun-free school zone." There are some fine points, like you have to have a license from the state where you reside, and you are exempt only in the state where you reside.
- Jim
Do you have a reference? I'd like to print that and keep a copy in my truck, right along side my CHL handbook.
Re: Harrold school district to staff: Pack your pistols
Posted: Thu Sep 04, 2008 10:46 am
by KBCraig
Purplehood wrote:If the Feds have declared Schools to be "Gun-free zones", how can the district allow them? Did the federal law or regulation allow exemptions?
The same way a Texas CHL can legally carry concealed within 1,000 feet of a school (the "zone" in the Gun Free School Zones Act): the GFSZA makes an exemption for anyone with a license issued by the state in which the school is located, if the license is only issued after conducted a background check.
Re: Harrold school district to staff: Pack your pistols
Posted: Thu Sep 04, 2008 10:49 am
by seamusTX
The law is 18 U.S.C. ยง 922(q). Here's one source:
http://trac.syr.edu/laws/18/18USC00922.html
This is the relevant text:
(B) Subparagraph (A) does not apply to the possession of a firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
- Jim
Re: Harrold school district to staff: Pack your pistols
Posted: Thu Sep 04, 2008 11:24 am
by Purplehood
So in reality, this is simply an employer no longer restricting CHL holders to carry firearms at the workplace.
Thanks for the clarification.
Re: Harrold school district to staff: Pack your pistols
Posted: Thu Sep 04, 2008 11:33 am
by seamusTX
Purplehood wrote:So in reality, this is simply an employer no longer restricting CHL holders to carry firearms at the workplace.
Not quite, if you want to nitpick (and who doesn't?

).
Penal Code 46.03 makes it illegal to carry in a school unless the school administration allows it. A private employer would have to post 30.06 signs or otherwise give notice to make carrying in the workplace an offense.
However, the net effect is the same.
- Jim