is it a school or a church

[Kalrog]

I think it is a school. Sorry.

[dolanp]

Tough one.. here is the language of the statute:

(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;

I guess it hinges on what constitutes activity being 'sponsored' by the school.

[Charles L. Cotton]

I think carry is prohibited. The statute dolanp quoted (46.03(a)(1)) applies to school buildings and is not limited to times when students are present. Also, I have never seen a case that held a school is not a school for purposes of 46.03(a)(1), if no students are present.

Sorry, it looks like you'd better leave your pistol in the car.
Chas.

[Jacob Staff]

What about the other way around? A church with a school. I assume that all church buildings are off limits.

What about "Vacation Bible School"? All churches seem to have them at least one week a year. I would consider this to be a church service, much like "Sunday School", thus legal to carry.

[Charles L. Cotton]

What about the other way around? A church with a school. I assume that all church buildings are off limits.

What about "Vacation Bible School"? All churches seem to have them at least one week a year. I would consider this to be a church service, much like "Sunday School", thus legal to carry.

I've been asked this question several times; I wish I had a good answer. All church buildings are off-limits, but only if a 30.06 compliant sign is posted at each entrance. As you know, schools are off-limits regardless whether a 30.06 sign is posted. Sunday school and VBS is an interesting question. "Schools" are not defined in the Penal Code, so rules regarding statutory construction require us to use the common ordinary definition of school. This would support the argument that the prohibition applies only to "traditional" schools; i.e. K through 12th grade, plus colleges and universities.

That said, I've seen the argument made that any place that "teaches" is a school, including real estate schools, A&P schools, etc. I am not aware of cases supporting this contention, but I haven't done much research in that issue either. If only practicing (civil) law didn’t take up so much time . . .

Regards,
Chas.

[Kyle Brown]

This brings up an interesting question. The DPS, in its language for instructors to notify them of an upcoming class, requires the following wording:

"CONCEALED HANDGUN LICENSING BUREAU

Class Notification

Please be advised that I will be conducting a Concealed Handgun School at the location(s) listed below along with the date(s) and time(s)."

So, are the renewal students attending a "school" and therefore prohibited from carrying to the school?

[stevie_d_64]

I think carry is prohibited. The statute dolanp quoted (46.03(a)(1)) applies to school buildings and is not limited to times when students are present. Also, I have never seen a case that held a school is not a school for purposes of 46.03(a)(1), if no students are present.

Sorry, it looks like you'd better leave your pistol in the car.
Chas.

That also kinda parallels the whole Sporting Event venue issue...

All those arenas that sometimes sponsor music and other performance concerts (non-sports related; i.e.: Toyota Center, Reliant Stadium...etc etc...)

See what I'm thinking...

But I agree, unfortunately I think its the safe play to leave it secured in your vehicle while at church in this case...

A very ambiguous, or confusing, condition to be in...

The Sagemont Church in my area could be like that as well...They're spread out like peanut butter over here, "leasing" out space within a mile or so of the main complex...Even to the AMC Gulfpoint 30 theater at I-45 and the Beltway...I think they also use Stuchberry Elementary (right across the street) as well...

But thats just my observation...

[stevie_d_64]

This brings up an interesting question. The DPS, in its language for instructors to notify them of an upcoming class, requires the following wording:

"CONCEALED HANDGUN LICENSING BUREAU

Class Notification

Please be advised that I will be conducting a Concealed Handgun School at the location(s) listed below along with the date(s) and time(s)."

So, are the renewal students attending a "school" and therefore prohibited from carrying to the school?

Smart-aleck!!!

But a good point...

You guys are killing me today...I gotta go mow now...I'm getting yelled at...