Is it legal for me to own a gun? My house is in a school zone.
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Old 06-07-2010, 12:20 PM   #1
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Default Is it legal for me to own a gun? My house is in a school zone.

I live in Texas and am a USA citizen with no criminal record, I am told we have laws that prohibit any firearms within several miles of a school. My house is literally 20 feet away from a school (I am pretty sure more than half my town is in a school zone actually, it has lots of very small schools; in addition to some larger schools).

Since guns are prohibited within the school zone, I would surmise that this means it is illegal for me to own a gun. Well, technically its legal for me to own it, it is just illegal for me to have it in my house... even if my house is exempt my understanding is that my car / body are not, thus I cannot bring a gun into my home without either breaking the law or breaking the laws of physics.

Is the above information correct? could it really be that it is effectively illegal for me to own a gun? or am I misunderstanding something about the law?

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Old 06-07-2010, 12:38 PM   #2
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That is a good question, and should be subject of discussion.

In Ky. we don't have that problem we can actualy bring a firearm onto the parking lot of a school as long as I don't get out of the car or I lock it up in my glove box.

Some states have exemptions for homeowners that live near a school zone. You should check with the local LEA about the rules in your state.

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Old 06-07-2010, 01:12 PM   #3
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Default Lea

Thank you, I certainly hope that there is an exemption for home owners.
What is LEA?

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Old 06-07-2010, 02:30 PM   #4
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LEA=Law Enforcement. Check your state statutes. Most allow that you have proof of residence when going to/from home with a firearm in a direct manner.

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Old 06-07-2010, 03:09 PM   #5
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When in doubt, read the law. In Texas, the prohibition is 1000 FEET. At your place of residence does not count. Here is a link to the Texas Code: PENAL CODE**CHAPTER 46. WEAPONS

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Old 06-07-2010, 03:45 PM   #6
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Thanks for explaining danf_fl
Thanks for the link c3shooter
How would you go about searching for something like that? just google "gun law in texas" or what?

1000 feet is indeed less then I was told. I was told anywhere between 2 miles and 5 miles.
However, my house is within 1000 feet of a school.

An exemption for my house wouldn't be enough, I need an exemption for myself... So I could bring it into the house (via my car / walking), then take it out of my house on the weekend to practice a the shooting range.

I will read the link you provided in detail later on today (I gotta run right now) and see what I can come up with. Thank you again.

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Old 06-07-2010, 04:23 PM   #7
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OK, it can be a bit concusing so I will try to make sense of it for you.

In Texas, it is not illegal to possess a (legal) firearm on your own property even if the property is right next to a school. It is illegal to carry a firearm, illegal knife, club or prohibited weapon on the physical premis of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted......

The "weapon free zone" is not a separate offense, but rather an enhancement. Punishment goes up one degree if the offense ocurred w/in 300 feet of a school.

To put it simply, if you are not committing an offense (on your own property) then the enhancement cannot come in to play.

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Old 06-07-2010, 04:33 PM   #8
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There was talk not long ago of a law to make it illegal to have a gun store within 5 miles of a school or park.

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Old 06-07-2010, 04:51 PM   #9
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Quote:
Originally Posted by robocop10mm View Post
OK, it can be a bit concusing so I will try to make sense of it for you.

In Texas, it is not illegal to possess a (legal) firearm on your own property even if the property is right next to a school. It is illegal to carry a firearm, illegal knife, club or prohibited weapon on the physical premis of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted......

The "weapon free zone" is not a separate offense, but rather an enhancement. Punishment goes up one degree if the offense ocurred w/in 300 feet of a school.

To put it simply, if you are not committing an offense (on your own property) then the enhancement cannot come in to play.
So of course it's ok to have a gun in the house. How about in the car, or waliking to and from the house if CCing?
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Old 06-07-2010, 05:23 PM   #10
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Quote:
Originally Posted by robocop10mm View Post

To put it simply, if you are not committing an offense (on your own property) then the enhancement cannot come in to play.
Quote:
Originally Posted by Jo da Plumbr View Post
How about in the car, or walking to and from the house if CCing?
It would appear that Robo has provided that info.

If you are not doing anything illegal, and by being a licensed, law abiding CCL holder, you would not be doing anything wrong. Therefor, you would not be subject to the enhancement of the established law.

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