Author Topic: SB 1942 Relating to the transportation or storage of a handgun..school lot  (Read 920 times)

ejpontius

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I've seen in the news recently that SB 1942 " Relating to the transportation or storage of a handgun or other firearm or ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school." heads to the Governor's desk to be signed into law. http://cbsaustin.com/news/local/texas-approves-bill-to-allow-guns-near-school-in-parked-cars
The bill text in part says:
 (b)  A school district, open-enrollment charter school, or
    private school may not prohibit a person, including a school
    employee, who holds a license to carry a handgun under this
    subchapter 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 or private school, provided that the
    handgun, firearm, or ammunition is not in plain view.


I'm trying to get an understanding of what this actually does.
I was under the impression that this was already legal for persons with a license to carry to have a firearm in their vehicle in a parking lot or even to carry in that parking lot or the sidewalk or grounds of the school (barring "sponsored school activities").
46.03 PLACES WEAPONS PROHIBITED says:
 "(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:"

"(B)  the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;"

The "on the premises of an institution of higher education or private or independent institution of higher education" portion of the sentence allowing for campus carry.

It further states that "Premises" has the definition assigned in 46.035 which states "(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 based on that definition, "on the physical premises of a school or educational institution" applies only to the buildings and does not extend to the school's parking lot.

So what does SB 1942 do exactly? Is this just guaranteeing that school officials can't prohibit and discipline faculty with a LTC for having a gun in a parked locked car?
« Last Edit: May 28, 2017, 01:36:14 PM by ejpontius »

jimbob

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Previously you could have the gun in your car WHILE you were in your car. You could not leave it in your car. Now you can...

ejpontius

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I can't find anywhere in the law that specifically states that it is not legal to keep your firearm secured in the vehicle in a parking lot.
From what I can find on the Texas Legislation site, it appears that SB 1942 isn't the bill that is making it to the Governor's desk as it didn't go to the house, rather essentially the same text was tacked on as an amendment to SB 1566 which is going to the governor:

SECTION ____. Chapter 37, Education Code, is amended by adding Section 37.0815 to read as follows:
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. 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.
(c) This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03 or 46.035, Penal Code, or other law.


Though I think the answer might lie in the Texas Labor Code Sec. 52.061
http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.52.htm

Sec. 52.061.  RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION.  A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

From what I can tell this prohibits employers from prohibiting employees from storing firearms in their cars... with exceptions for schools:
(B)  a school district;
(C)  an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D)  a private school, as defined by Section 22.081, Education Code;


This would then seem to allow schools to prohibit employees and others from storing guns in their vehicles, while a normal business could not.

The amendment to SB 1566 would then essentially negate this exception.

Neighbor

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I believe this new law is response to many schools putting rules in place stating that employees could not have firearms in their vehicles. Of course this does not make it against the law, but they could be fired if the firearm was discovered.

switch

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It's been legal for LTC's to leave their gun in their car at a school.  The exception in the law was schools could prohibit employees.  This eliminates the exception for school employees.

TexasLawShield

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ejpontius,

S.B. 1566

This bill creates Texas Education Code 37.0815 to prohibit school districts and charter schools from having employment rules that prohibit school employees who are LTC holders from keeping handguns, firearms, or ammunition, that is not in plain view, in a private, locked motor vehicle in a school owned parking area. This does not allow a school employee to exhibit a firearm to cause alarm or personal injury, or to violate TPC 46.03 or 46.035.  It is important to remember that this law applies only to school employees who are LTC holders. School employees who are not LTC holders continue to be subject to school employment rules under Texas Labor Code 52.062(a)(2)(B)&(C). This bill does not deal with LTC holders who are not employees of the school districts.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

Berumen96

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I currently work at a public school in Texas and the district's policy states that if I have a firearm on school property at any time, including the parking lot, or anywhere a school activity for the district is taking place (including in my vehicle stowed out of sight while parked outside the school) then I could be terminated (please do note that I have a valid LTC).  Are you saying that after this is signed in they will not be able to terminate me for keeping my firearm secured in my vehicle while at work if I chose to do so?  Thanks for the clarification.

TexasLawShield

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Berumen96,

This is correct. When this law goes into effect on September 1, your employer will not be able to terminate you for keeping your firearm concealed and secured in your vehicle for so long as you have a valid LTC.