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To: TStro
”You can carry concealed in your vehicle any time without a license. You are not allowed on school property with a gun in your vehicle without a CCL, so don’t go into a school parking lot.”

I also possess a Texas CHL and agree that you can carry a handgun concealed in your vehicle at any time without a CHL. However, I am not sure you are 100% correct about Texans without CHLs carrying handguns concealed in their vehicles on a school parking lot.

According to §46.03 of the Texas Penal Code (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;


Further down in this Section we get the definition of “premises:”

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.


Penal Code Section §46.035 (UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER), Subsection (f)(3) reads:

(f) In this section:

(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.


So if the term “premises” in §46.03 has the same meaning as in §46.035, I interpret the law to mean that anyone with a handgun concealed (with or without a valid Texas CHL) in their vehicle may drive onto a school parking lot. But they may not enter any of the school building(s) with a handgun.

Just a thought. Any FReepers who are CHL Instructors please let me know whether or not I am interpreting this correctly.

Thanks.
18 posted on 09/23/2011 8:15:01 PM PDT by FortWorthPatriot (Obama is no Hitler; Hitler got the Olympics)
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To: FortWorthPatriot

You are correct...premises means inside the building...not including the parking lot.


20 posted on 09/23/2011 9:42:19 PM PDT by willyd (your credibility deficit is screwing up my bs meter...)
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To: FortWorthPatriot

http://www.texaschl.us/faq.htm#school

Go to question 34


22 posted on 10/09/2011 11:17:02 AM PDT by TStro
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