Nitpicking the CHL-carry in a School Parking Lot

[Purplehood]

I pick my son up from Middle School every Friday afternoon (yes, the non-custodial Dad syndrome).

I understand that as a CHL holder that I:

Cannot carry into the school building.
Can leave my weapon in the parking lot.

I understand that under the MPA I:

Cannot carry into the school building.
Cannot leave my weapon in the parking lot.

Just to nitpick. Once I leave my weapon secured in the vehicle in a school parking lot and walk into the school building itself, has my status as a CHL holder essentially lapsed for that weapon that is now sitting in the car?

I realize it sounds dumb, and should be self-evident, but sometimes the law just confuses me to all get-go...

[C-dub]

If you've acknowledged that as a CHL holder you may leave your weapon in the parking lot I don't understand your question. Otherwise, my answer would be, no, it does not change simply because you are not near your vehicle. When you return and the police are there waiting you will show them your CHL and they should return your weapon and should say have a nice day and let you go an your way. However, for those who don't know, IANAL and that is merely my interpretation of what should happen. Hopefully, someone with more credibility than I will be along soon.

[Keith B]

I pick my son up from Middle School every Friday afternoon (yes, the non-custodial Dad syndrome).

I understand that as a CHL holder that I:

Cannot carry into the school building.
Can leave my weapon in the parking lot.

I understand that under the MPA I:

Cannot carry into the school building.
Cannot leave my weapon in the parking lot.

Just to nitpick. Once I leave my weapon secured in the vehicle in a school parking lot and walk into the school building itself, has my status as a CHL holder essentially lapsed for that weapon that is now sitting in the car?

I realize it sounds dumb, and should be self-evident, but sometimes the law just confuses me to all get-go...

As long as no one else has access to the gun, then you are technically still in control of the firearm. If someone else, who does not have a TEXAS CHL gains access to it, then they would be in violation of the Gun Free School Zone Act and the weapon would no longer be in your control.

IANAL and C-dub beat me to it, but I agree.

[Purplehood]

Okay. Sometimes this forum just provides too much fodder for the intricacies of my brain and I begin to think too much into an issue.

[ScottDLS]

I pick my son up from Middle School every Friday afternoon (yes, the non-custodial Dad syndrome).

I understand that as a CHL holder that I:

Cannot carry into the school building.
Can leave my weapon in the parking lot.

I understand that under the MPA I:

Cannot carry into the school building.
Cannot leave my weapon in the parking lot.

Just to nitpick. Once I leave my weapon secured in the vehicle in a school parking lot and walk into the school building itself, has my status as a CHL holder essentially lapsed for that weapon that is now sitting in the car?

I realize it sounds dumb, and should be self-evident, but sometimes the law just confuses me to all get-go...

I don't see anything in the MPA that is a bar to having a handgun concealed in your car in the school parking lot. Once you exit the car you're arguably not carrying "on or about your person". Maybe you're thinking of the Federal law that prohibits carrying within 1000' of a school. You are exempt from this if you have a Texas CHL and I don't see where it makes any difference that you leave the gun in the car. You still have a Texas CHL.

[E10]

As long as no one else has access to the gun, then you are technically still in control of the firearm. If someone else, who does not have a TEXAS CHL gains access to it, then they would be in violation of the Gun Free School Zone Act and the weapon would no longer be in your control.

I do believe the Gun Free School Zone Act has been determined unconstitutional. The Supremes didn't go for the bogus 'Interstate Commerce' argument Congress used to justify it, and rightly so. I don't see the signs around here any more.

[Purplehood]

As long as no one else has access to the gun, then you are technically still in control of the firearm. If someone else, who does not have a TEXAS CHL gains access to it, then they would be in violation of the Gun Free School Zone Act and the weapon would no longer be in your control.

I do believe the Gun Free School Zone Act has been determined unconstitutional. The Supremes didn't go for the bogus 'Interstate Commerce' argument Congress used to justify it, and rightly so. I don't see the signs around here any more.

You might want to double-check that. The consensus around here seems to be that it is still in effect, though modified.

[7075-T7]

When I asked my CHL instructor about this question, you can carry (with TX CHL) everywhere on school property as long as you don't set foot inside of a building. I live next to an elementry school, and I can walk around on the grounds while carrying, just not IN the school. IANAL

[Purplehood]

When I asked my CHL instructor about this question, you can carry (with TX CHL) everywhere on school property as long as you don't set foot inside of a building. I live next to an elementry school, and I can walk around on the grounds while carrying, just not IN the school. IANAL

I realize that. My fertile noggin was coming up with what I consider possible loop-holes regarding control of my weapon left in the parking lot while I was in the building. Others eased my mind by informing me that they believe that as long as the car is in my control, the weapon is still covered and allowed under the auspices of my CHL status. That was my concern.

[sjfcontrol]

When I asked my CHL instructor about this question, you can carry (with TX CHL) everywhere on school property as long as you don't set foot inside of a building. I live next to an elementry school, and I can walk around on the grounds while carrying, just not IN the school. IANAL

According to my instructor, if there is some school function going on in the parking lot -- it becomes illegal to carry there, too.

[Keith B]

According to my instructor, if there is some school function going on in the parking lot -- it becomes illegal to carry there, too.

Correct. However, if you are picking up your kid at the school, but the football team is practicing in the back on the field, it does not make the whole area off-limits, you just can't carry AT that school sponsored function. Just have to be cautious about where you are and carrying. Disclaimer: I Am Not A Lawyer

[hirundo82]

As long as no one else has access to the gun, then you are technically still in control of the firearm. If someone else, who does not have a TEXAS CHL gains access to it, then they would be in violation of the Gun Free School Zone Act and the weapon would no longer be in your control.

I do believe the Gun Free School Zone Act has been determined unconstitutional. The Supremes didn't go for the bogus 'Interstate Commerce' argument Congress used to justify it, and rightly so. I don't see the signs around here any more.

You might want to double-check that. The consensus around here seems to be that it is still in effect, though modified.

The 1990 version was invalidated by Lopez v. US. A lightly modified version was passed in 1995 and SCOTUS has not heard any challenges. It seems to be very rarely applied by prosecutors.

State and local LEOs don't have authority to arrest for federal offenses anyhow and generally don't want to; they've got enough on their hands without having to keep track of the zillions of federal laws.

[Keith B]

As long as no one else has access to the gun, then you are technically still in control of the firearm. If someone else, who does not have a TEXAS CHL gains access to it, then they would be in violation of the Gun Free School Zone Act and the weapon would no longer be in your control.

I do believe the Gun Free School Zone Act has been determined unconstitutional. The Supremes didn't go for the bogus 'Interstate Commerce' argument Congress used to justify it, and rightly so. I don't see the signs around here any more.

You might want to double-check that. The consensus around here seems to be that it is still in effect, though modified.

The 1990 version was invalidated by Lopez v. US. A lightly modified version was passed in 1995 and SCOTUS has not heard any challenges. It seems to be very rarely applied by prosecutors.

State and local LEOs don't have authority to arrest for federal offenses anyhow and generally don't want to; they've got enough on their hands without having to keep track of the zillions of federal laws.

However, it is still the law.

[The Annoyed Man]

However, it is still the law.

Keith, out of curiosity... how does that law affect a home owner who lives within 1,000 ft of a school? And how does it affect that same home owner who has to "violate" it to pass through the zone in order to get to the range, or to exercise his/her rights under the MPA?

[boomerang]

It exempts "private property not part of school grounds" and unloaded firearms in a locked container.