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chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 10:21 am
by FL450
I believe I know the answer to this.
My church is moving into a former school space they leased.
The building is no longer being used as a school but I believe is still owned by the school district.
I don't believe I can carry in church in this situation but just want some input.
Re: chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 10:36 am
by Teamless
My first thought, is you are correct.
However, (and no, I do not want to be the test case), if I were to say that a private entity uses a city owned venue for a gun show, and they put up (right or wrong), 30.06 signs, in a city owned building, then the leasing entity should over-ride the original owners "rights"
Re: chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 10:38 am
by The Annoyed Man
Teamless wrote:My first thought, is you are correct.
However, (and no, I do not want to be the test case), if I were to say that a private entity uses a city owned venue for a gun show, and they put up (right or wrong), 30.06 signs, in a city owned building, then the leasing entity should over-ride the original owners "rights"
Apparently though, that's not universal. For instance, when the TWC or a municipality leases COE land, the COE regs against carrying a firearm still apply, as I understand it.
Re: chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 11:24 am
by ScottDLS
FL450 wrote:I believe I know the answer to this.
My church is moving into a former school space they leased.
The building is no longer being used as a school but I believe is still owned by the school district.
I don't believe I can carry in church in this situation but just want some input.
The key question to be answered: "Is the building a School?" It was, but is it still?... now that it is not used for instructing students? If the building is a school, you may not carry there PC 46.03(a)(1).
If the building is not still a school then the church must post a 30.06 notice to prohibit you. If the space is leased from a government entity (i.e. public school district), then a 30.06 sign will not be enforceable. So you may carry.
Re: chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 11:44 am
by dicion
The problem, as said before, is that 'school' is not defined anywhere.
Most rational people would probably define it as 'A location where active education of students routinely takes place'. Or something similar.
However, that doesn't mean that some judge couldn't define it as 'any building owned by a school district'.
Re: chl in church leasing space from former school bldg
Posted: Sun Sep 26, 2010 1:22 pm
by FL450
This is my concern, it seems to be a gray area and I don't want to be the one to establish case law.