Carrying in a “daycare” private school?

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EllTeeCee
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Carrying in a “daycare” private school?

#1

Post by EllTeeCee »

Looking for some help for those of you out there who know the law a little bit better than myself. I am aware that in the state of Texas you are not legally allowed to conceal while on a private or public school campus, or at any school sponsered events.

I work at a Baptist church in The Dallas-Fort Worth area, and on certain days of the week they have a “daycare” that is really a private school. While it is licensed by the state of Texas to teach, it receives no government assistance in any shape or form, and all of its funding is from the parents. It also does not appear on any lists of public or private schools that I have been able to find.

As the only male in the building, as well as the only one who has had any form of self-defense training, the administrators have my phone number programmed on the off chance that there is an altercation with a parent or other disturbance. Wow I was going through the process of getting my LTC I asked them about carrying and they said it was okay, as long as it was secured and concealed.

So despite this being technically a private school, is it legal for me to carry there since I have permission from the administrators? I am unsure what technically constitutes a private school vs. daycare in the state of Texas.

Edit: I myself do not actually work for the day care, I work for the church itself, I just happen to be in the same building and frequently cross through areas that the daycare is operating.
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The Annoyed Man
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Re: Carrying in a “daycare” private school?

#2

Post by The Annoyed Man »

I take it that your church is not posted 30.06? Given that both public and private schools can authorize teachers to carry with an LTC, my guess is that you’re good to go as long as you have the administrator’s OK. Personally, I’d want to see it in writing as a precaution, but you should be OK.

You should read this thread: viewtopic.php?f=7&t=66105
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apostate
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Re: Carrying in a “daycare” private school?

#3

Post by apostate »

I agree with the suggestion to get it in writing.

46.03.(1)(A) says "pursuant to written regulations or written authorization of the institution"
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ELB
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Re: Carrying in a “daycare” private school?

#4

Post by ELB »

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted 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:

(A) pursuant to written regulations or written authorization of the institution;...
Yup, get it in writing, and from the very top, not some underling that the superintendant/principal can later say "oh she's just an employee, she doesn't speak for the school..."
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Charles L. Cotton
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Re: Carrying in a “daycare” private school?

#5

Post by Charles L. Cotton »

I'm not at all certain that your daycare center is a "school" for purposes of TPC §46.03. However, to be safe, get written permission to carry (it must be in writing) in the facility when kids are present. Again, daycare centers are not off-limits, but school buildings are prohibited areas. One slight correction, only school buildings are off-limits, not the entire campus.

Chas.

locke_n_load
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Re: Carrying in a “daycare” private school?

#6

Post by locke_n_load »

Charles L. Cotton wrote: Wed May 09, 2018 12:19 pm I'm not at all certain that your daycare center is a "school" for purposes of TPC §46.03. However, to be safe, get written permission to carry (it must be in writing) in the facility when kids are present. Again, daycare centers are not off-limits, but school buildings are prohibited areas. One slight correction, only school buildings are off-limits, not the entire campus.

Chas.
Charles, do you have a post or thread somewhere that explains daycares, since "educational institution" is somewhat vague? And I see Creighton has already addressed that ambiguity in SB117 filed this week.
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