Author Topic: School parking lot legality?  (Read 774 times)

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Offline Darkpriest667

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School parking lot legality?
« on: January 01, 2018, 09:51:33 AM »
I seem to be finding a lot of mixed results here. Is it legal for me to keep my firearm in my car in the school parking lot when I'm at work or not?
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Online JohnnyDollar

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Re: School parking lot legality?
« Reply #1 on: January 01, 2018, 10:02:29 AM »
I'm not a lawyer, but my understanding is you can keep it in your vehicle in a parking lot.

https://www.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Business/documents/firearms_on_dist_property.pdf

scroll down to "Parking Lots and Sidewalks"
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Offline Ceejmo

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Re: School parking lot legality?
« Reply #2 on: January 01, 2018, 10:34:26 AM »
From Texas Law Shield forum:
https://forum.texaslawshield.com/index.php/topic,2303.msg5007.html#msg5007

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If you are an employee of the school, the district can prohibit you from having a firearm in your vehicle, even if you possess a license to carry.

If you are not an employee of the school and you possess your license to carry, you may have a firearm in your vehicle in the school parking lot, so long as there is not a school sponsored event taking place in the parking lot at that time.
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Online JohnnyDollar

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Re: School parking lot legality?
« Reply #3 on: January 01, 2018, 10:50:26 AM »
I thought SB 1566 corrected that for 2017-18 school year?
Quote
Provides that a district or charter school cannot prohibit a person (specifically including a school employee) who holds a handgun license from transporting or storing a gun or ammunition in a locked private vehicle in a school parking area as long as it is not in plain view.
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Offline Darkpriest667

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Re: School parking lot legality?
« Reply #4 on: January 01, 2018, 11:55:52 AM »
From Texas Law Shield forum:
https://forum.texaslawshield.com/index.php/topic,2303.msg5007.html#msg5007

Quote
If you are an employee of the school, the district can prohibit you from having a firearm in your vehicle, even if you possess a license to carry.

If you are not an employee of the school and you possess your license to carry, you may have a firearm in your vehicle in the school parking lot, so long as there is not a school sponsored event taking place in the parking lot at that time.

Legally prohibit you or just district policy prohibit. That's the confusion here.
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Offline Ceejmo

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Re: School parking lot legality?
« Reply #5 on: January 01, 2018, 12:19:00 PM »
Legally prohibit you or just district policy prohibit. That's the confusion here.

District Policy. Typically employers can't prohibit storage of firearms in your vehicle but......

Quote
On June 17, 2011, Governor Rick Perry signed into law Senate Bill 321,1 which restricts employers from prohibiting employee storage of lawfully possessed firearms in vehicles parked in employer parking lots.
<snip>
As with any legislation, the general rule also contains several exceptions.
<snip>
SB 321 does not apply to employee storage of firearms in their vehicles in parking lots of school districts, open-enrollment charter schools, or private schools.
<snip>

Basically the law that stated that an employer could not prohibit employees from having a firearm stored in their vehicle does not apply to school district employees.
It's not illegal but you could face disciplinary action from the school district (the employer) and have no protection under SB 321.
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Online JohnnyDollar

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Re: School parking lot legality?
« Reply #6 on: January 01, 2018, 12:29:56 PM »
Yes, the 2011 law did not apply to school employees,

but, Governor Abbott signed a bill (SB1566) this year that fixes that, effective September 1, 2017.
https://www.nraila.org/articles/20170616/texas-governor-abbott-signs-remaining-pro-second-amendment-bills-from-2017-regular-session

Quote
Senate Bill 1566 contains provisions from HB 1692 and SB 1942 to allow employees of school districts, open-enrollment charter schools and private elementary or secondary schools who possess valid LTCs to transport and store firearms out of sight in their locked cars and trucks.  These employees had been left out of the 2011 law banning employer policies restricting the lawful possession of firearms in private motor vehicles.
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Re: School parking lot legality?
« Reply #7 on: January 01, 2018, 12:41:58 PM »
From the aforementioned SB1566 (http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/SB01566F.htm)

Quote
        Sec. 37.0815.  TRANSPORTATION OR STORAGE OF FIREARM AND
     AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA.  (a)  A school
     district or open-enrollment charter school may not prohibit a
     person, including a school employee, who holds a license to carry a
     handgun under Subchapter H, Chapter 411, Government Code, from
     transporting or storing a handgun or other firearm or ammunition in
     a locked, privately owned or leased motor vehicle in a parking lot,
     parking garage, or other parking area provided by the district or
     charter school, provided that the handgun, firearm, or ammunition
     is not in plain view.
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Offline Darkpriest667

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Re: School parking lot legality?
« Reply #8 on: January 01, 2018, 12:55:31 PM »
Awesome, as always you guys are a wealth of knowledge. Shield shall stay in the car then.
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Online DCD327

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Re: School parking lot legality?
« Reply #9 on: January 01, 2018, 01:04:21 PM »
In other words. The school can make up any rules they want, but they cannot enforce them, as the LAW is clear.

And there is a big difference between liberal opinions and the LAW.
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Online JohnnyDollar

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Re: School parking lot legality?
« Reply #10 on: January 02, 2018, 07:52:06 AM »
Of course,
I remember my junior/senior years carrying my .22 rifle in the rear window rack of a '62 Ford pickup and parking in the High School parking lot.
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Offline Tango

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Re: School parking lot legality?
« Reply #11 on: January 02, 2018, 08:12:35 AM »
Of course,
I remember my junior/senior years .. a '62 Ford pickup and parking in the High School parking lot.

dang, I didn't own a car until after H.S. - any $s that I was able to make went towards our household (and maybe a 6 pack or two)
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Offline Ceejmo

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Re: School parking lot legality?
« Reply #12 on: January 02, 2018, 10:11:47 AM »
In other words. The school can make up any rules they want, but they cannot enforce them, as the LAW is clear.

And there is a big difference between liberal opinions and the LAW.

Not exactly. The law is in place to protect the rights of LTC holders. But, if an employer terminates someone for having a firearm in their vehicle on company premises there are no fines or penalties imposed on the employer. Really, all it does is make it a termination for which you can probably collect unemployment benefits. Texas is an employment at will state so you can be terminated without cause.

Your employer can not legally prohibit you from having the firearm in your vehicle but there is no penalty against them if they do.

CJ
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Online JohnnyDollar

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Re: School parking lot legality?
« Reply #13 on: January 02, 2018, 11:21:35 AM »
Of course,
I remember my junior/senior years .. a '62 Ford pickup and parking in the High School parking lot.

dang, I didn't own a car until after H.S. - any $s that I was able to make went towards our household (and maybe a 6 pack or two)
I didn't exactly own it, my dad let me use it. (notice I said "a", not "my")

When I got my DL, he told me not to ask to borrow my mom's car, but I could use his old truck.
The catch was it was a "3 on the tree" and I had never driven a standard.
I remember me a a couple of my friends trying to figure out how to drive it.

Years later, my dad told me that he figured the best way to get me to learn how to drive a standard was just to give me that as my only option.
Sort of how my grandfather taught me to swim, by tossing me into the pool. (much to the horror of my mother) 

But, both worked and I survived somehow.  :th_thicon_lol:


ETA: I also remember me and my friends walking the neighborhood looking for soda bottles to return for deposit for gas money.
and I recall that was about the time gas had skyrocketed to .50/gal.
In Texas, "He needed killin' " is a defense to prosecution.

Online DCD327

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Re: School parking lot legality?
« Reply #14 on: January 02, 2018, 11:55:25 AM »
Of course,
I remember my junior/senior years carrying my .22 rifle in the rear window rack of a '62 Ford pickup and parking in the High School parking lot.
I used to carry a Winchester 32  spl to school and put it in my locker in deer season.
Most boys did.
We also had hunter safety in woodshop.
And built single shot pistols  and black powder cannons in metal shop. 

Nobody ever got so much as a black and blue mark from it.  :th_thicon_idea:
Politicians are like diapers, they should be changed often, and for the same reason.

There are two kinds of people in the world my friend. Those with loaded guns, and those who dig. YOU DIG.  " Blondie".

Well, any man that wouldnt cheat at cards for a poke, dont want one bad enough. " Gus".