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Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 8:02 pm
by kitty
Hello it's me again, and this is my second post. I know the title is misleading, but it regards my homeschooling.
My children attend homeschool co-op classes which meet in a church building two times a week. The church does not have a 30.06 sign, but I wasn't sure if the co-op class counts as a school or not. Do you think it would be ok for me to carry there when classes are being held? I volunteer as a parent helper during my kid's classes, and there's a lot of parents that wait for their kids to get out so it stays busy. I was just wondering.
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 8:22 pm
by shootthesheet
From what I know the law doesn't distinguish between any type of school. It just says on the premises of a school (my words). I hope someone will answer this as well as expanding into a non-coop school where it is just school at home with one family. I don't think it matters by law but it should. I think if no government funds are involved it should be exempt from any restriction by the state or federal laws. That is just my opinion and I could be wrong.
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 8:32 pm
by KBCraig
We're homeschoolers also.
I don't believe the co-op could be construed as a "school" unless it's pretty formal.
The strange thing is that for homeschoolers, it's technically illegal to possess a firearm inside your own home, unless you've given yourself written permission. Crazy, I know... and it's so unlikely to be prosecuted that I have no worries about it, and have never written myself "permission". But still, a home school has exactly the same legal status as the most exclusive private school in the state.
This is part of the confusion that arises when the legislature declines to define "school". Beauty school, welding school, vacation Bible school, dance school, music school, flight school, Sunday school, truck driving school... who knows what an aggressive DA could talk a jury into believing was a "school" under the intent of the law?
My legislative goals in this area, in order of priority:
1. Eliminate all restrictions
2. Limit restriction to public schools (private property rights should always trump law)
3. Limit restriction to K-12 (with a firm definition of "school")
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 8:42 pm
by kitty
Thank you Kbcraig. They did make that part rather vague. I would like to carry there, but I don't want to be breaking any laws.

I guess I could ask the co-op leaders about it, but I think I may get this look

instead, and they'll say, "NO!", so I don't know what I'll do yet.
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 8:48 pm
by Photoman
kitty wrote:Thank you Kbcraig. They did make that part rather vague. I would like to carry there, but I don't want to be breaking any laws.

I guess I could ask the co-op leaders about it, but I think I may get this look

instead, and they'll say, "NO!", so I don't know what I'll do yet.
I would not ask. A verbal "no" is effective notice under 30.06. If they didn't want you carrying there, they would post a valid sign.
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 9:18 pm
by carlson1
I have a homeschool co-op at my Church. I do not have a 30.06 at our Church and many of our parents carry. It is my understanding that as long as the administration (me

) gives permission then there is no problem. I hope that is right.
Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 9:43 pm
by kitty
hmmm.... Would your co-op happen to be in the DFW area; and if it's the one we go to - may I have permission?

Re: Question about homeschool co-op carry?
Posted: Sat Dec 15, 2007 9:56 pm
by carlson1
kitty wrote:hmmm.... Would your co-op happen to be in the DFW area; and if it's the one we go to - may I have permission?

Ours is Church members of the Fellowship Baptist Church. Unless you are a unknown member

it is probably not our Church, but if you were a parent you could have permission.
Re: Question about homeschool co-op carry?
Posted: Sun Dec 16, 2007 12:40 am
by FightinAggieCHL
Aren't churches on the prohibited places list? I seem to remember something about churches, mosques, temples, synagogues and other places of worship being restricted from concealed carry.
Re: Question about homeschool co-op carry?
Posted: Sun Dec 16, 2007 12:43 am
by Xander
FightinAggieCHL wrote:Aren't churches on the prohibited places list? I seem to remember something about churches, mosques, temples, synagogues and other places of worship being restricted from concealed carry.
Nope. Only if they post 30.06 signs.
Re: Question about homeschool co-op carry?
Posted: Sun Dec 16, 2007 12:46 am
by FightinAggieCHL
OK, thanks for the clarification.

Re: Question about homeschool co-op carry?
Posted: Sun Dec 16, 2007 4:18 am
by Dragonfighter
Leeper vs. Arlington,
et al:
"Homeschools are private schools and private schools are not regulated in the state of Texas."
That said, a homeschool or a cooperative can do business anyway they want to. There is already opinion on this very issue and the standard school, school grounds or school sponsored athletic event do not apply.
May I suggest you consult with or read the sites of
Texas Home School Coalition or the
Home school Legal Defense Association.
Re: Question about homeschool co-op carry?
Posted: Sun Dec 16, 2007 2:32 pm
by KBCraig
Dragonfighter wrote:That said, a homeschool or a cooperative can do business anyway they want to. There is already opinion on this very issue and the standard school, school grounds or school sponsored athletic event do not apply.
Under the Education Code, yes. But it's the Penal Code that we're worried about here.