Suggestions please? Sorry, kinda long...

[thatTexasLady]

I try not to talk about my work much but I really need to know what the consensus is on what others would do in this situation. I'm still in "the Waiting Room" on my plastic but that doesn't really apply here. So, here's the skinny. I am a registered home childcare provider. I operate my business within the law, only watching the allowed amount of kids for the allowed amount of time, participate in the USDA Food Program and teach a Bible-based preschool curriculum. As far as I know there is no state regulation preventing me from carrying while I work, especially since it's my home...other than the law that states that you can't leave a firearm unattended and in a way a child can get to it. I figure a gun on my body is a lot safer than in my nightstand where it is when it's not on my person. Got it back from Ruger Monday night, so yesterday since I was wearing my usual cargo style (without the pockets) work out pants, and a tank, I slipped it into the smart carry. It was virtually invisible and I felt comfortable.

I have one little boy who leaves around 3pm most days. It was 2:30, kids were sleeping, it was my break time and I was resting on the couch doing paperwork. Mom texted me and said aunt and grandma are on their way and will be here in 5 min. I rouse the child, change his diaper, get his shoes on and get him ready to go. In the rush to get the child ready (I like to send the children home clean and dry) , I did not notice the the tank top had ridden up over the pant line, exposing just the very smallest part of the butt of my gun sticking out of the waistline of my pants.

I noticed it after they left and hoped that they did not see it. About 5pm I get a phone call from grandma. Aunt was freaking out asking her why did I have a gun on me and blah, blah, blah. Speculation like "is she afraid of something", "is she being harassed" stuff like that. Grandma was SURE it wasn't a gun and asked me if it was one of those "new, gun shaped cell phone holders" (what? never heard of such a thing) to which I replied, "sure" and it seemed to make her feel better. Wow, people have serious imaginations. (The cell phone holder might be neat though.)

I think, with the way the world is today that I should be armed. Stories of daycare providers being accosted by angry parents. Stories of people pretending to be checking the daycare out to bring their child only to kidnap a child and leave the provider hurt or helpless at the least. Stories of daycare providers answering the door only to be found by the first parent that arrives, unconscious, robbed, and surrounded by crying children. These are just some of the stories that make it important to me to 1. keep my doors locked, 2. only open it for people I know, and 3. always be armed. So the question is, do I just continue on and (of course) be more careful to stay concealed, or do I inform parents that I am and will be armed at all times and let them decide what to do? I would love to hear mother's perspectives (even though I know everyone here is in favor of guns).

Thanks

[A-R]

My simple non-legal opinion/answer:

YOUR home
YOUR business
YOUR right to carry
(and also YOUR responsibility/liability) if ANYTHING goes wrong - negligent discharge, forget and leave gun out where a child can find it etc.)

I am not a lawyer and I don't know the ins and outs of child care laws (both state and Federal) but I can't think of a law that prohibit you from carrying in a daycare business you run from your own home. Though perhaps if you run the business as some other entity (LLC, S-Corp) the head of that entity (you) might need to give the individual "employee" (you) written authorization to carry in order to comply with the letter of the law in Texas PC 46.03(a)(1) http://www.statutes.legis.state.tx.us/D ... .htm#46.03" onclick="window.open(this.href);return false; ... I am only half kidding, no idea how this would work.

And as always, concealed means CONCEALED - make certain no other parent ever knows you carry or you could lose a lot of business from a lot of sky-is-falling new mommies.

[thatTexasLady]

Thanks, AR, I figured you and/or TAM would have something valuable to offer. Perhaps I should go back to scrub tops over the tanks to avoid any accidental disclosure.

[i8godzilla]

My simple non-legal opinion/answer:

YOUR home
YOUR business
YOUR right to carry
(and also YOUR responsibility/liability) if ANYTHING goes wrong - negligent discharge, forget and leave gun out where a child can find it etc.)

I am not a lawyer and I don't know the ins and outs of child care laws (both state and Federal) but I can't think of a law that prohibit you from carrying in a daycare business you run from your own home. Though perhaps if you run the business as some other entity (LLC, S-Corp) the head of that entity (you) might need to give the individual "employee" (you) written authorization to carry in order to comply with the letter of the law in Texas PC 46.03(a)(1) http://www.statutes.legis.state.tx.us/D ... .htm#46.03" onclick="window.open(this.href);return false; ... I am only half kidding, no idea how this would work.

And as always, concealed means CONCEALED - make certain no other parent ever knows you carry or you could lose a lot of business from a lot of sky-is-falling new mommies.

What he said...............

[RHenriksen]

While I don't know the state regulations& restrictions unique to day care centers, I cam imagine a failure to conceal could be terrible for business. Legality of the issue becomes irrelevant if your client base dries up.

[thatTexasLady]

Most of my moms wouldn't mind, at least 2 of them are licensed as well, I just don't particularly care for the world to know. Like we always say concealed is concealed. I was just shaken up by the accidental showing...I think it upset me more than them.

[The Annoyed Man]

Thanks, AR, I figured you and/or TAM would have something valuable to offer. Perhaps I should go back to scrub tops over the tanks to avoid any accidental disclosure.

I appreciate your confidence in my perspective. Can you talk to my wife for me please?

Just kidding. I agree with AR. Your house. Your business. Your rules. There is no law that says you can't carry around children. My only concern would be whether or not the law views your business as a "school." My guess is, no it doesn't. BUT.... in the event that it does, and under the principle that a school administrator can give written authority to specific employees with CHLs to carry "on campus," you might want to put it in writing somewhere in your capacity as administrator of the "school," that you have permission to carry a concealed firearm. That's probably overkill and unnecessary, but it's just a thought, and if I were the owner of your business, I might put a little bit of research into whether or not it is. If it isn't, that's fine, but at least you'd know. CYB (cover your behind) and all that....

[thatTexasLady]

I talked to a CHL homeschool mom who showed me documentation where the city and county here have both stated that home school and in-home daycare are not considered a "school" as we are not accredited by the state of Texas nor considered a "Private School", also dealing with accreditation. They said the rules applying to school do not apply, however the rules about leaving firearms accessible to children are and are more highly enforced.

I spoke with licensing and she stated that since my firearms are either on my person (she recommended concealed so as, like AR said, not to scare off mommas) or locked up. Since my firearms not currently in use are in the safe, in the closet, in the bedroom with closet door shut and bedroom door locked, she says I'm pretty well covered. She noted in my file the incident in case grandma or aunt try to turn me in, they won't have to come out and investigate.

Thanks so much for all of your responses.

[paulhailes]

You would think parents would be comforted knowing that the person watching their kid was capable of stopping someone from kidnapping their kid.

[RoyGBiv]

As a parent, if I was doing business with a small daycare provider such as yourself, I would appreciate knowing that you were properly trained, licensed and had the correct mindset regarding firearms. If, as happened in this case, I found out unintentionally that you were carrying, I would be asking lots of questions, until I felt that you had all my concerns covered.

Now that the cat is out of the bag, I would reach out to the parents involved and invite them to a discussion. Start out offering your thoughts on why you feel it's appropriate to carry at your job, what precautions you take to assure gun safety, and then let them ask questions.

If they decide to leave, at least they will tell others you carry responsibly, even though they don't feel comfortable.
If you are currently at capacity, losing one child should be only a temporary problem from a business perspective.

[SewTexas]

First, let me clarify, the final result was the that you "were carrying a cell phone case", right?

Next, yeh, I think the scrub tops might not be a bad idea, the way they are designed the tend not to ride up.

I've work in a child-care centers and dealt with 'non-custodial parents', I remember a couple of situations I wouldn't have minded a little bit of 'backup' in my waistband. hey, at least you get to pick your families.

[thatTexasLady]

Yeah I never really answered but grandma hung up believing it was a cell phone case

[Excaliber]

I wouldn't suggest making anything more of it unless someone else brings it up.

If grandma is satisfied it was a cellphone case, that's where it should end. Carry on.

You might also consider wearing cargo pants with the pockets and adopt a pocket carry rig. This arrangement eliminates almost all the worry about unintentional exposure and is readily accessible as well.

[thatTexasLady]

That's a good idea....

[Mr.ViperBoa]

I wouldn't suggest making anything more of it unless someone else brings it up.

If grandma is satisfied it was a cellphone case, that's where it should end. Carry on.

You might also consider wearing cargo pants with the pockets and adopt a pocket carry rig. This arrangement eliminates almost all the worry about unintentional exposure and is readily accessible as well.