Anyone Aware of this in Houston ?
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    Anyone Aware of this in Houston ?


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    "I'm a little alarmed because one of the students could have gotten a hold of that gun and I think she shouldn't have brought it onto the property," said Pamela Cavalier, a parent.

    Does she have a problem with her kids ransacking other people's cars? Does the school have a problem with their students doing the same? Perhaps that needs addressed rather than worrying about what's in other people's cars. I'd be interested in knowing how this "tip" came about.
    If you want the money out of politics take the power out of government.

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    The reason I post these two articles from Houston television stations is sometime ago I stated it was illegal to carry firearms onto school campuses. At that time I was scolded and after 30 years of law enforcement in Texas didn't know of what I was speaking. I was angry and left the site for sometime until this event occurred. I was tired of dealing with people who have never been LEOs and never involved with charging anyone with any crime. Apparently, there are some police officers in the state, too, who are misinterpreting this these statutes or are side stepping the law because people carry CHLs. I wanted to address this issue on here for those members who are in Texas and believe they can visit their kid's school and leave there guns legally stored inside their vehicles. If the knowledge becomes available to your local law enforcement or ISD police departments, you MIGHT be arrested. Now, this is and issue I wish you to avoid at all cost because you will loose your licenses if charged and convicted, and because it is a felony lose your right to own or possess a firearm in the future under federal law.

    I was told handguns could be carried in the parking lots and common outside walkways because of the preceived interpretation of the defintion of the term "premsies" under Texas Penal Code 46.035(f)(3), which states:

    ""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, premises pertain only to the buildlings on a campus, right ?

    I return to Penal Code Section 46.03 (Places Weapons Prohibited) in particular elements(a)(1) which stastes fully, "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;" I bring to your attentions the words "any grounds or building on which an activity..." The position of the DA's Office is taht the woman in these two article parked her car on the"grounds" of the school where she worked.

    The charges are valid.

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    Quote Originally Posted by Joe Reeser View Post
    "I'm a little alarmed because one of the students could have gotten a hold of that gun and I think she shouldn't have brought it onto the property," said Pamela Cavalier, a parent.

    Does she have a problem with her kids ransacking other people's cars? Does the school have a problem with their students doing the same? Perhaps that needs addressed rather than worrying about what's in other people's cars. I'd be interested in knowing how this "tip" came about.

    Well, Joe, I have been trying to read the copy of the charges against this woman, however, the District Clerk's Office hasn't posted the actual documents as of yet. It is a weekend.

    If your suggesting the police had no probable cause to search the vehicle, then I would have to second guess a judge, who signed the charges. See, here in Harris County, there is a DA's Intake section where officers can call or visit and discuss their case with an assistant district attorney 24/7. The charges are written and the investigator must go before a judge/magistrate to have the magistate read and sign the charges before the charges become valid. What this means is, the judge has to agree to the probable cause statment when he signs the charges. I have seen charges refused by judges because the content of the probable cause was insufficient.

    Again, for those who disagree with this, they should go to their state legislature and hav ethe law changed to suit them. It is what it is.

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    It appears that either every instructor I have talked to (maybe 10 of them) were wrong or there has been a change. I was taught that we could carry on the property but we could not enter the building of a school.
    i guess without a definition of 'activity' sponsored by school or educational institute they can say class or it could be band competition or basketball, baseball, football, soccer.

    Edit: I think Sec 46.15 (nonapplicability) had CHL carriers listed at one point in time. I don't have oler versions, just this one, http://www.txdps.state.tx.us/interne...rms/chl-16.pdf , so I am not able to compare but h and i have been repealed.

    Edit2: then there is this: http://www.tacci2009.org/TLS%20-%20SB%20321.html

    Even though, concealed firearms are allowed to be kept in a motor vehicle located in school parking lots, employees of schools may be prohibited by their employer, the school, as a condition of continued employment, from having a concealed weapon stored in their vehicle.
    Last edited by Scott91370; 02-02-2013 at 04:35 PM.
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    Quote Originally Posted by Old_Sp5 View Post
    for those who disagree with this, they should go to their state legislature and hav ethe law changed to suit them.
    For those who do support repealing schools as GFZs, contact your reps and ask them to support this:
    Bill Text - 113th Congress (2013-2014) - THOMAS (Library of Congress)

    H.R.35 -- Safe Schools Act of 2013 (Introduced in House - IH)

    113th CONGRESS
    1st Session

    H. R. 35
    To restore safety to America's schools.

    IN THE HOUSE OF REPRESENTATIVES
    January 3, 2013

    Mr. STOCKMAN (for himself and Mr. BROUN of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary

    A BILL
    To restore safety to America's schools.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    This Act may be cited as the `Safe Schools Act of 2013'.
    SEC. 2. FINDINGS AND PURPOSE.
    (a) Findings- Congress finds--
    (1) that the Supreme Court has found language nearly identical to the `Gun Free School Zones Act' to be unconstitutional;
    (2) that the enactment of the `Gun Free School Zones Act' has been met with an almost uninterrupted series of horrific and tragic shootings at Columbine, Newtown and in other American schools;
    (3) that the `Gun Free School Zones Act' has been a deadly failure. According to research by GeorgiaCarry.org, in the 22 years prior to enactment of the `Gun Free School Zones Act' there were two school shootings in which four or more people were intentionally murdered in a short period of time, and in the 22 years after the enactment of the `Gun Free School Zones Act' there have been 10 such school shootings;
    (4) that American schools had not been plagued with this succession of horrific shootings prior to the enactment of the `Gun Free School Zones Act';
    (5) that horrific massacres on school campuses in Pearl, Mississippi, and southwestern Virginia, were averted by armed staff and students;
    (6) that none of the murderers in any of these horrific school shootings were deterred by the fact that, in addition to murder, gun possession was also illegal in those locations; and
    (7) that the reason that the `Gun Free School Zones Act' has made American schools unsafe is that shooters now know that they can victimize American school campuses with no fear that victims will be armed.
    (b) Purpose- It is the purpose of this Act to restore safety to America's schools by allowing staff, teachers, and administrators to defend the children and themselves.
    SEC. 3. SAFE SCHOOLS.
    Subsection (q) of section 922 of Title 18, United States Code, is repealed.
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    Amen to that, We hope to get KY, in that mode soon?



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    Quote Originally Posted by Old_Sp5 View Post
    Well, Joe, I have been trying to read the copy of the charges against this woman, however, the District Clerk's Office hasn't posted the actual documents as of yet. It is a weekend.

    If your suggesting...
    I'm not suggesting anything. I'd be interested in knowing how the "tip" came about.
    If you want the money out of politics take the power out of government.

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    Quote Originally Posted by Scott91370 View Post
    It appears that either every instructor I have talked to (maybe 10 of them) were wrong or there has been a change. I was taught that we could carry on the property but we could not enter the building of a school.
    i guess without a definition of 'activity' sponsored by school or educational institute they can say class or it could be band competition or basketball, baseball, football, soccer.

    Edit: I think Sec 46.15 (nonapplicability) had CHL carriers listed at one point in time. I don't have oler versions, just this one, http://www.txdps.state.tx.us/interne...rms/chl-16.pdf , so I am not able to compare but h and i have been repealed.

    Edit2: then there is this: Texas Law Shield on SB 321

    If it were a condition of continued employment, it would be a violation of school policy not criminal law, and she could be fired. This woman is charged with a 3rd degree felony under Section 46.03--Places Weapons Prohibited.

    I have the 2009 Penal Code, the one in effect when I retired, and there is no mention in 46.15 about CHL holders.
    Last edited by Old_Sp5; 02-02-2013 at 06:03 PM. Reason: additional information

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    Quote Originally Posted by Old_Sp5 View Post
    I return to Penal Code Section 46.03 (Places Weapons Prohibited) in particular elements(a)(1) which stastes fully, "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;" I bring to your attentions the words "any grounds or building on which an activity..." The position of the DA's Office is taht the woman in these two article parked her car on the"grounds" of the school where she worked.

    The charges are valid.
    IF she was a CHL holder and the policy manual (or employment documents) DOES NOT have 30.06 required language then she would be OK since for CHLs premises is defined as:

    PC 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. (From page 39 of the DPS Texas Concealed Handgun laws 2011-2012)


    If she DOES NOT have a CHL she is is in deep doodoo. I don't see any mention in any of the
    stores about a CHL.

 

 
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