Legal to have gun in car in Elem. School Parking Lot?

Y

YounGun24

New member
I don't have my CCP yet, but I keep my .380 in my glove box of my automobile when I am out and about. lately, I have been visiting a family member that works at an Elementary school, and my pistol stays in the glove box since I don't have a CCP. Since I am on school property, should I lock it in my lockbox in the back of my SUV or is it legal to keep in glovebox since the car is my property?

If it makes any difference, there is no 30.06 sign posted anywhere on the school property (which makes me wonder if it is okay to carry once I have my ccp).
 
First thing would be to check your local and state laws regarding carrying a handgun in your car. Can you have it loaded and/or within reach? Are there any transport laws you must abide by?

If you can have the gun concealed in your car, loaded and ready to go, you should be ok with it in the car in the parking lot. The school district can have a policy against it, but technically that policy can not be held up in court, that doesn't mean it isn't though.

Even with you CCP you can probably not take it into the school, and the issue with the parking lot may still be the same whether you have a CCP or not.

And, this probably doesn't pertain to you, but the very first question would be asked: "Does this person have the lawful right to posess a handgun?" That would be something such as age and the history of felonies, domestic violence, etc...
 
This is what I got from reading my state laws concerning weapons and school property. The part in BOLD applies.

R.S. 14:95.2. Carrying a firearm, or dangerous weapon, by a student or nonstudent
on school property, at school-sponsored functions or firearm-free zone
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or non
student on school property, at a school sponsored function, or in a firearm-free zone is
unlawful and shall be defined as possession of any firearm or dangerous weapon, on
one's person, at any time while on a school campus, on school transportation, or at any
school sponsored function in a specific designated area including but not limited to
athletic competitions, dances, parties, or any extracurricular activities, or within one
thousand feet of any school campus.
B. For purposes of this Section, the following words have the following meanings:
(1) "School" means any elementary, secondary, high school, vocational-technical school,
college, or university in this state.
(2) "Campus" means all facilities and property within the boundary of the school
property.
(3) "School bus" means any motor bus being used to transport children to and from
school or in connection with school activities.
(4) "Non-student" means any person not registered and enrolled in that school or a
suspended student who does not have permission to be on the school campus.
C. The provisions of this Section shall not apply to:(1) A federal, state, or local law enforcement officer in the performance of his official
duties.
B-3
(2) A school official or employee acting during the normal course of his employment or a
student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal.
(4) The possession of a firearm occurring within one thousand feet of school property
and entirely on private property, or entirely within a private residence, or in accordance
with a concealed handgun permit issued pursuant to R.S. 40:1379.1.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as
a firearm contained entirely within a motor vehicle.
Click to expand...

so does this cover me? does it also mean I'm good to carry with my CCP/CCW? Once again, there is no 30.06 sign.
 
It is hard to read that portion of the law out of context. But, from what I see, you are legally able to have a concealed handgun on school property in your car without a CCP permit and you are able to carry it even in the school with one.

Here in Colorado, a CCP Permit holder can carry his/her weapon anywhere where there is not a metal detector, other than a post office and public school. If a person leaves the weapon in their car when parked on the property of a public school, it must be in a compartment, and the car must be locked.

Here is a good reference for you:

http://www.conservativeposts.us/hunting/stategunlaws/la.php

It seems LA laws are a bit different. It says you can carry on school grounds, but only in accordance with CCP law. So, that is a hard one. What is the CCP law concerning public schools?

Call your local county sheriff's dept. and ask them. Don't be evasive. Just tell them you carry a weapon for your protection in your car and are often at a public place of education, and don't want to violate the law, so would like to know how to handle your firearm in that situation. They should be up front with you about it. Get the persons name and badge number.
 
Here is one I see for LA that I find very unnerving:

It is unlawful to possess a firearm while on the premises of an alcoholic beverage outlet, which is defined as any commercial establishment in which alcoholic beverages are sold in individual servings for consumption on the premises.
Click to expand...


So, you can't park in the parking lot of a restaurant with the gun in your car?
 
I would assume that
Any constitutionally protected activity which cannot be regulated by the state, such as
a firearm contained entirely within a motor vehicle.
Click to expand...

would cover the parking lot of a restaurant as well. I'll double check to be sure. LA laws are pretty laid back. The only reason I keep a lock box in the back of my SUV is for out-of-state travel situations.
 
(5) Any constitutionally protected activity which cannot be regulated by the state, such as
a firearm contained entirely within a motor vehicle.

If the state is issuing permits for concealled carry, then it is being regulated by the state. You should be fine leaving it in the car, but don't let it get out of the car with you unless you want to be the test case for whether the state can constitutionally regulate gun carry. A lot at risk for you in that case..

I'm not giving legal advise. Just telling the way I understand it.
 
Under Federal law, you can't possess a firearm within 1,000 feet of a school unless it is unloaded and in a locked container. There is an exception if you have a concealed carry permit, but since you said you don't, the Federal law applies to you.
 
so, the "entirely within a motor vehicle" provision only applies within 1000 ft. of school property, but not ON school property like the parking lot? so the lock box is the best solution?
 
C. The provisions of this Section shall not apply to:
...

(5) Any constitutionally protected activity which cannot be regulated by the state, such as
a firearm contained entirely within a motor vehicle.
Click to expand...

Is there anything unclear about this? Leave it in the car and don't tell anyone ever. Legal or not in this day and age they will probably overreact.
 
YG24, first, the 30.06 and 51% signs are Texas law, not La.
The La. law posted would cover state violations, that [5] seems very clear, but without the concealed carry permit, the Federal 1000 ' rule would apply.
Get your permit and relax.:D
 
In my state you cannot have a gun on you with permit or not. You cannot leave a gun in your car unattended. And park in the schools parking lot. At a University you must get permission from the dean to have the firearm in your car unattended. I don't know for sure, but to me its common sense that all firearms are prohibited inside or about any school/school junctions. If I were you, before contacting someone who can legaly answer your concerns, I would NOT carry a gun inside a school or about a school with or without a permit. In my case even with a permit if I was to leave my vehicle unattended with firearm inside(hidden of coarse) I would have to park off school properties. And YES! You should lock it inside your lock box that is located in the rear of your vehicle because you do not have a permit. A permit will allow you to have possesion of the gun in the first place. Since you do not, you should lock it up just in case a cop was to confront you-you are able to say you are transporting it and did your best in confining it......kinda hard to say that if its locked/unlocked in your glove where you have immediate access and there sitting in the waaaaay back of your vehicle is a lock box(give or take immediate).

Recap-even with a permit you are not allowed to carry on your body or within an unattended vehicle on school grounds.(where I'm from Oklahoma-a republican state might I add)
 
The problem is not if you are legal to have it in the location you have described, but can you use it?

Here in AZ, I can have it on school parkinglot, but if I were to see a terorist setting up a bazooka, I would not legally be able to shoot!
 
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