Weapons on School Campus Prohibited - October 6, 2008

Letter to the Editor:

As we come to the start of hunting season, I wanted to take just a few minutes of your time to express a concern of mine that occurs each year. Students and parents will be traveling to and from the woods to hunt for all manner of animals. With this in mind, I would like to remind students and their parents of the laws concerning possession of a weapon on school premises. Although it may be legal to carry a shotgun or long gun to hunt with, it is unlawful to possess a firearm on a school campus.

It states in the Texas Penal Code:

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

An offense under this section is a third degree felony.

So I would ask for the help of every student and parent to assist the school district in complying with the laws. Students who drive and parents that pick their children up on the various different campuses need to use due diligence to make sure that these weapons do not fall into the wrong hands. Please remove them from your vehicles before you enter onto school district property.

As a Center I.S.D. Police Officer, I take the safety of every child in our District seriously. If a student or any other person is found to be in possession of a firearm on District property, in violation of the law, they will be prosecuted.

Thank each one of you in advance for recognizing that the safety of our children should be one of the main goals of The Center Independent School District. If anyone has a question concerning this issue, please feel free to contact one of the C.I.S.D. Police Officers or Administration on any campus.

Thank You,
Officer Pete Low
Center I.S.D. Police Department
(936)598-6173 ext 2213
email: Pete.Low@centerisd.org

Texas Penal Code

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly possesses or goes with a firearm, illegal knife, club,
or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section
46.035.
(2) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17,
eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road;
or
(2) at the actor's residence or place of employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, § 1, eff. Aug.
29, 1983; Acts 1989, 71st Leg., ch. 749, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 203, § 2.79; Acts 1991, 72nd Leg., ch.
386, § 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433,
§ 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, § 50,
eff. Sept. 1, 1991. Renumbered from Penal Code § 46.04 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 229, § 3, eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 260, § 42, eff. May 30, 1995;
Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 790, § 17, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, § 10.03, 31.01(70), eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1043, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1221, § 2, 3, eff. June 20, 1997; Acts 1997, 75th
Leg., ch. 1261, § 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 1060, § 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
1178, § 3, eff. Sept. 1, 2003.