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Author Topic: pulled over on school property  (Read 248 times)
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goofwrench
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« on: November 05, 2010, 05:39:46 PM »

Sorry for the length of my post but I am trying to get all information as I know and understand in one post.
Tuesday I had a dental appointment.  I decided to drop my oldest off at school since it is on the way.  When I have done this I have always done it the same way, stop in front of school she is prepped and is out the door like a swat team, and I am on my way again.  She is fairly coordinated and is able to jump out and get me out of there with a couple second stop.  The reason we do this is traffic is always barely moving and we never saw any real danger or delays we were causing (not to mention the many other parents that use the same drill).  This is done on a public street and not on school property.  I was forced onto school property by a school police officer that saw us and somehow missed all the other cars performing the same maneuver.  I suspected at this point he wanted to have a conversation, but I looked back after turning onto school property and he was not following.  I turned around legally and safely in the parking lot and prepared to leave.  I now believe he did this just to try and get traffic moving somehow.  I was about to turn onto the main road again, I hear yelling behind me and the other officer directing traffic jumps in front of me.  At this time the officer that forced me onto school grounds now shows up at my window yelling at me "do you want to go to jail today?"  Wow.  Totally stunned with his attitude and have a healthy respect for any person willing to wear a badge, I was more than normally respectful and exact with my answers.  He was just about done with me when my wife asked for his badge number and name.  Now he really goes into attitude mode, asks for ID and insurance (stuff required in car in Texas).  Being a CHL holder I hand him my DL and CHL as advised.  Here is where things get me wondering what if.  Remember I am heading to the dentist.  I didn't take my side arm because I knew I was going to be in an "altered state of mind" for a while.  He demanded for me to tell him were my firearm was, (he can and has every right to for his safety and mine). 
 Texas has a “Weapons Free” zone around schools, which prohibit fire arms and knives from school property. You have got to love liberals.  The Texas AG has ruled that as long as you’re in your car or leave your side arm in your car on school property, you are ok, you’re car is considered personal property so you’re not on school property, the same applies if your employer bars fire arms on his property.  If you’re walking on the sidewalk in front of the school or road your ok, you’re on a public right of way.  When you turn to go to the school from the sidewalk is where you get into trouble.  If you get out of your car with it on you, you’re in trouble.  These updates in the laws were made clear in my last CHL class about a year ago.  The problem would be I was ordered out of my legal property onto school property and forced by the officer’s commands to commit a crime.  Normally I would just put this question in the back of my mind and when I ran across an appropriate person to answer it I would ask.  Since this officer was reported by my wife for his threatening attitude, I now plan to stay clear of the school for a while but if I need to go there any time soon, I want to know where I stand if I am cornered into a similar situation.
Here is the question.  If I had it on me and he asked me to step out, I would then be in violation of the free fire zone laws.  Could he now arrest me for having a fire arm on campus?  Would this have been entrapment since I never had any intention of going on school property or getting out of my vehicle and he ordered both actions?
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Chris
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« Reply #1 on: November 05, 2010, 06:12:26 PM »

Your issue is a complex one. Internet info may seem helpful, but were I you I would rely upon nothing other than the opinion of an attorney who practices law in Texas, and is familiar with Texas CHL law.
Chris Christian
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« Reply #1 on: November 05, 2010, 06:12:26 PM »

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Hk940
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« Reply #2 on: November 05, 2010, 07:34:45 PM »

As I understand Texas law while under arrest (under the direction of a peace officer) you cant commit a crime.
For instance you are directed thru a red light. You can't then be charged with running that light.
You can't be guilty off carrying on school property if a police officer demands you carry on that property.

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shootthesheet
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« Reply #3 on: November 06, 2010, 11:00:02 PM »

You can legally carry your CHL onto school grounds. You can go everywhere on the property except into a building which is the legal definition of "Premises" as far as schools and TEXAS CHL is concerned. The only thing that would restrict carry on school grounds is a "SCHOOL EVENT" taking place there and picking up your child from school is not an event. A CHL holder may have a gun on their person or store it in their locked vehicle if they must enter the premises. A TEXAS CHL is an exception to the federal and state "FREE KILL ZONE LAWS" as I call them. Many states allow their resident permit holders to legally carry in "School Zones" to one degree or the other. Out of state license holders are rarely, if ever, exempt from these laws.

Texas CHL holders as well as those visiting our great state can get very accurate and timely information as well as questions answered by very knowledgeable people at http://texaschlforum.com/index.php . Also http://www.handgunlaw.us/ has compiled information that can be verified thru links to Texas Department of Public Safety website which is the state issuing agency for the Texas Concealed Handgun License
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« Reply #3 on: November 06, 2010, 11:00:02 PM »

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