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Ok to leave gun in car at school parking lot?

Posted: Sat Apr 15, 2006 7:52 pm
by Boma
Will it be ok? I think I might need it since my gf's punk ex bf may be there. I would never brandish it. I'd only bring it out if it was a life or death situation.

Posted: Sat Apr 15, 2006 8:10 pm
by nitrogen
Yes.

Check out the following 2 threads:
"Carry on school property?"
http://www.texasshooting.com/TexasCHL_F ... ol+parking

And "What Constitutes a School:
http://www.texasshooting.com/TexasCHL_F ... ol+parking

Re: Ok to leave gun in car at school parking lot?

Posted: Sat Apr 15, 2006 10:16 pm
by txinvestigator
Boma wrote:Will it be ok? I think I might need it since my gf's punk ex bf may be there. I would never brandish it. I'd only bring it out if it was a life or death situation.
Forgive me as I, in my increasing years, can't keep up....Do you have a CHL?

Posted: Sat Apr 15, 2006 11:05 pm
by JohnKSa
Good catch and good point.

Boma does not yet have a CHL at this time, per another active thread on this forum.

Boma also didn't qualify the type of firearm he wishes to carry which becomes pertinent given his lack of a CHL.

Posted: Sat Apr 15, 2006 11:08 pm
by Boma
No I don't have a CHL yet, but the event at the school I'm going to isn't until the end of May. I expect to have my CHL by then.

Posted: Sat Apr 15, 2006 11:20 pm
by jbirds1210
Remember......retreat and avoiding a bad situation are among the primary ways to keep yourself out of trouble. :grin: If I knew every place I would need my gun, I would stay away from the area :shock: Stay safe and think rational.
Jason

Posted: Sun Apr 16, 2006 2:35 am
by KBCraig
JohnKSa wrote:Boma also didn't qualify the type of firearm he wishes to carry which becomes pertinent given his lack of a CHL.
Not for firearms carried in, and left in, the car.

Kevin

Posted: Sun Apr 16, 2006 12:30 pm
by jclif1995
i'd recommend locking the gun in the glove as a precaution. you might also drop the clip, empty the gun, and store the ammo elsewhere.

Posted: Sun Apr 16, 2006 12:43 pm
by txinvestigator
Boma wrote:No I don't have a CHL yet, but the event at the school I'm going to isn't until the end of May. I expect to have my CHL by then.
I assume then, that you have taken a class. If you have your little white book that was in your packet you might want to review it, as the exact law is in there. You won't have to guess then.

Posted: Sun Apr 16, 2006 5:55 pm
by JohnKSa
Not for firearms carried in, and left in, the car.
Without a CHL, and unless one is travelling, etc. it's still illegal to have a handgun in the vehicle where it can be easily accessed by the driver or passenger.

The new law doesn't change what's legal and what's not legal, it only makes it less likely that someone will be arrested for being in possession of a handgun in the absence of other criminal behavior.

And even that's in question in some places. At least two DAs have made it clear that they will continue to encourage officers to arrest folks for having handguns in the car regardless of the new law.

Here's a quote from the Tarrant County DA office dated 15 February 2006:
A trip to the grocery store with plans to return home does not constitute traveling. A drive around the neighborhood to see if any friends are hanging out on the street corners does not constitute traveling. A drive to work does not constitute traveling. Statistically, only a very small percentage of drivers on the street at any time are engaged in traveling. What the new law does is presume that they are traveling, nonetheless.

We will file UCW, Unlawful Possession of a Firearm by a Felon, and other gun cases provided the report provides some affirmative evidence that can be used at trial to rebut the traveling defense. In routine traffic stops, officers should early ask where the driver is going. Any other relevant information that can be developed should be noted in the report.
The new law may make it less likely that one will be arrested, but it certainly doesn't make it impossible for them to be arrested and prosecuted.

Posted: Sun Apr 16, 2006 5:56 pm
by Boma
Yes sir. I have that white booklet. I just wanted your opinions.

I will only leave the handgun in the car if I have a CHL by then. If I don't I will not bring it at all.

Posted: Sun Apr 16, 2006 9:01 pm
by Photoman
In my opinion, you need to rethink your CHL strategies. Going into a situation that you have strong expectations will end up in altercation is crazy! Letting the whole world know it is even crazier!!

Getting a CHL means you have to put up with MORE irritation and inconvenience, not LESS.

Posted: Sun Apr 16, 2006 11:33 pm
by Flatland2D
I am a few days away from receiving my CHL in the mail and was just about to post a similar thread. I read the other threads linked above and I understand it seems ok to leave a gun in a parked car on school property (except for §46.03(a)(1) where it says, "any grounds or building on which an activity sponsored by a school or educational institution is being conducted, . . .", that is a little iffy).

Anyway, when taking my CHL class another person there was an ROTC instructor at the university I go to. I asked this question in class, and the CHL instructor said "premises" does not constitute a parking lot, but the ROTC instructor talked to me afterwards and advised against doing it. He's pretty close to some of the campus police officers and gave me the idea they would do everything possible to get you arrested/charged. He strongly recommended not doing it.

I would be a little worried taking my gun to campus even though it would be locked in my car. On the other hand, it would be locked up and hidden, so who would know? I only have one year left if all goes well (engineering is no longer a 4 year degree). Maybe I should just tough it out and not carry there? Or maybe the chance of getting found out is smaller being that I won't be there much longer? The only problem with leaving it at home is that I often go other places before/after school (like work) where I would like to have my gun with me or in my car. I'm not close enough to school to justify a trip home just to pick up my gun, so I'd be without it most of the day. I'm a full time student and have class 5 days a week, so since this is something I will encounter almost everyday, I need to make a decision and commit to it.

Right now I'm leaning towards leaving it at home just because I don't feel comfortable or confident enough in leaving it locked in my car. Even if it is legal, I don't want to have to deal with campus police or risk getting suspended. I have a lot invested into my education and it will be the foundation for my career and the rest of my life. I haven't researched school code yet, but I'm almost positive they would be anti-gun/chl, and would suspend anyone for doing so.

Input anyone?

Posted: Mon Apr 17, 2006 7:48 am
by lrb111
JohnKSa wrote:

Here's a quote from the Tarrant County DA office dated 15 February 2006:


We will file UCW, Unlawful Possession of a Firearm by a Felon, and other gun cases provided the report provides some affirmative evidence that can be used at trial to rebut the traveling defense. In routine traffic stops, officers should early ask where the driver is going. Any other relevant information that can be developed should be noted in the report.
I wonder what legal standing questioning a person in a traffic stop has? If in Tarrant then the standard answer is sure to become "Dallas.."

Posted: Mon Apr 17, 2006 9:07 pm
by Charles L. Cotton
Flatland2D:
You can leave your gun in your car in a school (including university) parking lot and I don't care what the campus cops think. I would make sure the car was locked. If a campus cop makes an arrest that is so clearly bogus he and his "department" could well be looking at a §1983 law suit. It's one thing to argue over admittedly vague and ambiguous statutes, but this is clear. (As you noted, don’t do it if there is a school sponsored activity going on, such as a car wash in the parking lot.)

Chas.