Texas-Book-Gun Law Armed And Educated - Flipbook - Page 364
7) Exception seven: if the firearm is unloaded and is in the possession
of an individual while traversing school property for the purpose
of gaining access to public or private lands open to hunting, if
the entry on school premises is authorized by school authorities.
This means that if a hunter must cross school property to get to
a lawful hunting ground, they must have the permission of the
school, and the firearm must be unloaded.
C. Reconciling Texas and federal laws on Gun-Free School
Zones
The law puts a vast number of unknowing and unsuspecting people
in conflict with federal law while being in full compliance with state
law. As a result, it is likely that this law is violated thousands of times
a day. However, while this has been federal law since 1996 and its
predecessor was the law since 1990, there does not appear to be a
wave of federal prosecutions for the mere possession of a firearm by
a person who is only driving through a school zone or picking up or
dropping off their child. Nevertheless, even though it appears that the
Feds are not inclined to enforce some of the provisions of this statute
today, the law is on the books right now.
D. “School Marshals” teachers with guns
Generally, while a teacher or administrator is not permitted to possess
a handgun inside an elementary, middle, or high school building,
schools can allow it through a written regulation or with written
authorization. In 2013, Texas enacted a law creating a new type of
licensee in the form of a school marshal. See Texas Code Crim. Proc.
Art. 2.127. In order for an individual to become a school marshal, the
person must:
1) be appointed by the board of trustees or the governing
body of the school;
Law Of Handgun Carry: Part III 353
