Is it legal for me to own a gun? My house is in a school zone.

Discussion in 'Legal and Activism' started by taltamir, Jun 7, 2010.

  1. taltamir

    taltamir New Member

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    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?
     
    Last edited: Jun 7, 2010
  2. opaww

    opaww New Member

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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.
     

  3. taltamir

    taltamir New Member

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    Lea

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

    danf_fl Retired Supporter

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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.
     
  5. c3shooter

    c3shooter Administrator Staff Member

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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
     
  6. taltamir

    taltamir New Member

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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.
     
  7. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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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.
     
  8. Last Crow

    Last Crow New Member

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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.
     
  9. Jo da Plumbr

    Jo da Plumbr New Member

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    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?
     
  10. Dillinger

    Dillinger New Member

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    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.

    JD
     
  11. taltamir

    taltamir New Member

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    So, just to make sure I understand. the "weapon free zone" that extends for 1000 feet around a school is a zone where it is perfectly legal to carry a weapon... but if I comit a crime with a weapon in that zone I get extra penalty?
    And it is only the actual school grounds themselves where it is illegal to have a gun?
     
    Last edited: Jun 7, 2010
  12. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    By Jove, I think he's got it.
     
  13. taltamir

    taltamir New Member

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    Well, you would think "weapon free zone" would mean "no weapons allowed" rather then "weapons allowed but extra penalty" :p... very misleading terminology there.

    Thank very much kind sir for clarifying it for me.
     
  14. Dzscubie

    Dzscubie New Member

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    :D What do you expect, it was written by lawyers. :cool:
     
  15. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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  16. Dzscubie

    Dzscubie New Member

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    For sure.




    Sorry could not resist
     
  17. taltamir

    taltamir New Member

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    It was written by gun control advocates you mean.

    A more cynical view is that it was phrased in such a manner to disenfranchise people of their rights.

    For the past few years I didn't own a gun because I simply assumed it meant I cannot own one. Only now did I think to actually ask.
     
  18. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    I do not believe Texas gun laws were written by gun control advocates. They, like most laws, are written by lawyers. Lawyers feel the need to use legalese mumbo jumbo to prove how smart they are. All the "to wit's" and "therefore's" are nothing more than 50 cent words that they use to 1. prove their intelligence, 2. maintain the informal caste system we have and 3. assure they will have a job when they are no longer in the legislature.
     
  19. taltamir

    taltamir New Member

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    The only gun law we need is:
    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    Any further gun control laws are by necessity and by very definition written by gun control advocates.

    [​IMG]
     
    Last edited: Jun 8, 2010