TexasCHLforum.com

05/02/2010 at approximately 2:25 am officers observed suspicious
activity on the first floor ramp of the Village Parking
Garage. Officer then identified five (5) suspects in and around a
vehicle. During the investigation, officers found a medicine pill
bottle containing dangerous drugs and a pistol in the trunk of the
car. One person was arrested and charged with Place where Weapons
Prohibited and Possession of a Dangerous Drug, two suspects were
arrested and charged with Possession of a Dangerous Drug, and two
suspects were arrested and charged with Public Intoxication.

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
...
(c) In this section:
(1) "Premises" has the meaning assigned by Section
46.035.

§ 46.035. (3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.

dicion wrote:You're only allowed with 1000ft of a school if you have a CHL. If you do not have a CHL, simply being within 1000ft of a school zone with a handgun is illegal under federal law.

Hoi Polloi wrote:

dicion wrote:You're only allowed with 1000ft of a school if you have a CHL. If you do not have a CHL, simply being within 1000ft of a school zone with a handgun is illegal under federal law.

I don't see any such restriction in the state code. It says weapons aren't allowed on school premises, period. Then it says that premises doesn't include parking lots or parking garages, etc. Where do you see 1,000 ft in the state code? It's likely in another area like the education code where I'm not looking.

US Code TITLE 18 > PART I > CHAPTER 44 > § 921
§ 921. Definitions
...
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

US Code TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts
(q)
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(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;
(The CHL Exemption)
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

flb_78 wrote:http://en.wikipedia.org/wiki/United_States_v._Lopez

Federal Gun Free School Zone was deemed to be unconstitutional in 1995.

Some states still have a state law that is similar, but there is no Federal law.

flb_78 wrote:http://en.wikipedia.org/wiki/United_States_v._Lopez

Federal Gun Free School Zone was deemed to be unconstitutional in 1995.

Some states still have a state law that is similar, but there is no Federal law.

G26ster wrote:

flb_78 wrote:http://en.wikipedia.org/wiki/United_States_v._Lopez

Federal Gun Free School Zone was deemed to be unconstitutional in 1995.

Some states still have a state law that is similar, but there is no Federal law.

The Gun Free School Zone still seems to be in 18 U.S.C. § 922, so I am confused now.

TexasComputerDude wrote:

During the investigation, officers found a medicine pill
bottle containing dangerous drugs and a pistol in the trunk of the
car.

AJ80 wrote: I believe congress re-enacted the law and added something saying that the gun had to have moved between states or something like to try to get around the fact that a gun in a school zone has nothing to do with interstate commerce, although I have no idea how that extra bit of wording gets around that.

I'm sure someone will check or correct my facts.