Anyone can carry in their car, if they are dropping off, or picking up their kids...It does not matter if they have a CHL or not, as long as they are legal...The offense of carrying in a prohibited place does not differentiate between CHL holders and non-CHL holders...As I understand it, if you have a Texas CHL, you're okay.
If you have a non-Texas CHL, you're not.
If you have no CHL at all, and you're carrying in the car under the Motorist Protection Act, you're not okay, either.
Please chime in if I'm off base...
Where in the law does it differentiate between a CCW permit holder from TX and a 'legally' recognized (by TX) CCW permit holder from another state? Curious?As I understand it, if you have a Texas CHL, you're okay.
If you have a non-Texas CHL, you're not.
If you have no CHL at all, and you're carrying in the car under the Motorist Protection Act, you're not okay, either.
Please chime in if I'm off base...
No difference...A CCW holder from another state recognized by TX, is in essence, licensed by the state of TX...Where in the law does it differentiate between a CCW permit holder from TX and a 'legally' recognized (by TX) CCW permit holder from another state? Curious?
Only a federal LEO can enforce, and arrest, for this offense...This was meant to be an add-on charge, for the aftermath of an incident...Tx LEO's, or any other state, don't have arrest powers for federal offenses...There is no difference in Texas state law, but the Federal Gun-Free Zone law specifically states that an individual is exempt from it only if they have a concealed carry license issued by the state where the school is located.
Yes that's true regarding the Penal Code, but not for the Health and Safety Code ... which is what Section 46:11 of the Texas Penal Code points to for a definition of "premesis," (for the within 300 feet of a school "premesis" for purposes of enhancement ....)As others have already pointed out, Texas law excludes parking lots from the definition of "premises".
Yes that's true regarding the Penal Code, but not for the Health and Safety Code ... which is what Section 46:11 of the Texas Penal Code points to for a definition of "premesis," (for the within 300 feet of a school "premesis" for purposes of enhancement ....)
Texas Penal Code - Section 46.11. Penalty If Offense Committed Within Weapon-Free School Zone - Texas Attorney Resources - Texas Laws.
§ 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE. (a) Except as provided by Subsection (b), the
punishment prescribed for an offense under this chapter is
increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the
trial of the offense that the actor committed the offense in a place
that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section:
(1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.
Texas Health & Safety Code - Section 481.134. Drug-Free Zones - Texas Attorney Resources - Texas Laws
Texas Health & Safety Code - Section 481.134. Drug-Free Zones
(4) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.
So, still, I'd keep it concealed, inside the vehicle, in the parking lot, when dropping off a child.
(I'm not a lawyer)
I agree, I think I was trying to make a point that "exhibit or threatening to exhibit" in a school parking lot is a 3rd degree felony, Texas Education Code, EDC Section 37.125 is not "does not apply to 46.03(a)(1)" to which it does not apply... it's an offense under a different law than ...46.03(a)(1)"The Bold and Italic section I marked, in 46.11, tells you that 46.11 does not apply to 46.03(a)(1)...which is the statute that covers places where weapons are prohibited...
In 46.03, the 'grounds' you are referring to, is not just grounds....It is 'grounds or building where a school function is taking place'...example, football practice on the football field, is a sponsored event...no carry... Inside any building, no carry...
Sunday afternoon, you go to jog/walk the track around football field, no event going on, If you're a CHL holder you're OK...
Whether you are a CHL holder, or not.... the best approach to take is to leave your concealed weapon in your car, if you exit your vehicle on school property...