TexasCHLforum.com

The Star Telegram sure needs to do a bit of background on laws before stating "facts"

FORT WORTH -- A teacher whose car contained a handgun and a suspicious substance while parked at South Hills High School, is being investigated by police and school officials, according to reports.

The items were discovered Tuesday morning by a private canine service that is contracted by Fort Worth schools to detect contraband on campuses, Fort Worth Police Lt. Dean Sullivan said...

...The teacher is being treated as a suspect," he said, "but she has been cooperative through the course of this investigation so far."

Sullivan said the substance would be tested to determine if it is marijuana. It was a "small quantity," he said, which would normally bring a misdemeanor charge.

But, he said the high school, located at 6100 McCart Ave., is a drug-free and gun-free zone where such violations can be upgraded to felony charges.

All schools in the Fort Worth school district are drug and gun free zones, which means those items are not allowed on or near a campus, said Michael Menchaca, the district’s director of Office of Professional Standards which conducts internal investigations.

The entire article is here.

If it wasn't for the "suspicious substance" this would be pretty much a slam dunk case...

But then again, criminal history (if any), a drug test(s)...If the "stuff" really was hers...

Who knows...

The media again is painting a very damning picture here, with what they are not saying...

I'd love to see how this one pans out...

I really want one of these friends and/or relatives that keeps leaving guns in people's cars every time they borrow them.

If it was visible from outside the car, then she should face at least some penalties, as she should've at least done a cursory glance around the car as a courtesy to the borrower to see if they'd forgotten anything.

OTOH, I also feel that a police department releasing any information to the media about finding a "suspicious substance" is irresponsible in the extreme. If you're not sure, make sure, then issue the public accusation.

All schools in the Fort Worth school district are drug and gun free zones, which means those items are not allowed on or near a campus, said Michael Menchaca, the district’s director of Office of Professional Standards

This is incorrect is it not?

dihappy wrote:

All schools in the Fort Worth school district are drug and gun free zones, which means those items are not allowed on or near a campus, said Michael Menchaca, the district’s director of Office of Professional Standards

This is incorrect is it not?

I'm not an expert on such things, but if she didn't have a CHL she wasn't legal. A little bit of pot on school property makes it all the more serious. Its a shame if her career gets ruined over this. What she is acused of shouldn't be a crime, but it is.

nothing illegal there, that I can see.
she had some cat nip and a smoke wagon in the parking lot, sounds like secured in her car. If it was in her trunk, they don't have anything to say.
as long as it wasn't Human Nip, she's okay, and the worst that can happen is they fire her for violating employment policies.
LAME!!

where's Jim with the eloquently worded email informing the Star/Telegram that they are..... misinformed????

pbandjelly wrote:nothing illegal there, that I can see.
she had some cat nip and a smoke wagon in the parking lot,

I was not in the parking lot with that woman!

pbandjelly wrote:where's Jim with the eloquently worded email informing the Star/Telegram that they are..... misinformed????

Thanks.

The writer is misinformed, but the situation is complicated.

All schools in the Fort Worth school district are drug and gun free zones, which means those items are not allowed on or near a campus, said Michael Menchaca, the district’s director of Office of Professional Standards which conducts internal investigations.

The writer is quoting a spokesman for the school district. He probably thinks that it is illegal to have a firearm on school grounds, and he has a point.

There is a federal law that prohibits firearms within 1,000 feet of school grounds unless they are unloaded and in a locked case or rack. That law contains an exception for CHL holders.

But generally, having a loaded or unlocked weapon on school grounds is a federal offense. The law is rarely prosecuted because it is likely that that the Supreme Court would overturn it, if it were litigated.

Ft. Worth may also have a local ordinance prohibiting weapons on school grounds. I don't know if it's enforceable, but many such local ordinances are on the books.

- Jim

If the substance turns out to be marijuana, then the penalty for having it can be enhanced by the presence of the handgun.

If she did not have a CHL, then she has no presumption of traveling if she was also in possession of marijuana, and can be charged with unlawful carrying a weapon.

Every time I read about random sniff tests by dogs at a school or business, I wonder why none of the actual dopers - or their dealers! -- ever make up a marijuana "tea" which they can then spray all over the honor student's lockers, teachers cars, etc.

Being dopers, they probably don't have enough functioning brain cells left to make the idea work . . .

Did anybody else grab on to the fact that this was a PRIVATE canine service? How does that impact the potential prosecution (persecution)? Seems a bit fishy here...

This raised an interesting question in my mind about the effect of Bill 1815. When that becomes effective in September, can a nonCHL holder, teacher or parent, carry a gun in their car on the school parking lot without violating either the Federal or Texas laws outlawing the carrying of guns in schools?

There's no Texas law that prohibits having firearms in a car on school grounds, as long as you're not doing something else that's illegal.

Only CHL holders are exempt from the federal law. However, as I wrote earlier, it is rarely enforced.

Texas law cannot make something legal that is illegal under federal law (like medical marijuana, for example).

- Jim

seamusTX wrote:There's no Texas law that prohibits having firearms in a car on school grounds, as long as you're not doing something else that's illegal.

How about UCW for handguns, Texas Penal Code 46.02?

Texas law cannot make something legal that is illegal under federal law (like medical marijuana, for example).

- Jim

Of course they can. The Feds can still prosecute the federal violation though. In fact, in Texas most all drugs charges are prosecuted under Texas law, which is irrespective of Federal Law.

Unless a state has a law proscribing conduct that is also illegal under federal law, the such conduct IS legal under state law.

Texas has no law requiring residents to pay federal income tax. You cannot be charged under state law for failing to pay federal income tax.

seamusTX wrote:

pbandjelly wrote:where's Jim with the eloquently worded email informing the Star/Telegram that they are..... misinformed????

Thanks.

actually, I meant Jim Longley.
no offense.

TxI, as always, you've shown the light.
However, if it is not weed, and is indeed cat nip (or something else as equally inocuous), then the presence of the smoke wagon (not SmokeWagon) doesn't apply to that charge. Also, is it still UCW if the gun is locked in the trunk?