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Private school, can I legally CC?

Posted: Wed Jul 18, 2012 10:39 am
by Shinesintx
Private school, can I legally CC? I really had not thought of this one. If it is not posted, nor gubernment run, can I CC at a private school?

Thank is advance for the replies.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 10:45 am
by JJVP
Shinesintx wrote:Private school, can I legally CC? I really had not thought of this one. If it is not posted, nor gubernment run, can I CC at a private school?

Thank is advance for the replies.
No.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal 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 pursuant to written regulations or written authorization of the institution

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 12:06 pm
by Shinesintx
That was easy enough. Thank you! I was hoping there was a private school loophole.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 12:15 pm
by 74novaman
Shinesintx wrote:That was easy enough. Thank you! I was hoping there was a private school loophole.
There is one.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal 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 pursuant to written regulations or written authorization of the institution

Good luck getting any school to authorize it, but there is technically a way around the restriction.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 12:36 pm
by 3dfxMM
That "loophole" is available for public schools as well.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:06 pm
by Shinesintx
3dfxMM wrote:That "loophole" is available for public schools as well.
Who can give the written authorization?

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:09 pm
by Proximo
I know this may be a stupid question but what is considered a "Physical premises of a school"?

Does this mean inside the building?

If so, does that mean I can carry outside the building as long as a school activity is not taking place on the grounds. It sounds like the grounds of the school is only prohibited if a school sponsored activity is taking place.

If this is true, can I carry in the parking lot or even on the School grounds as long as an activity is not taking place and I don't walk inside the "Premises".

I really would like to be clear on this because I would like to take my little girl to the play ground at night which is open to everyone in town but it's on school grounds. no activity by the school is taking place and if the premises is considered inside the school, I would hope I can carry on the school grounds.

Any thoughts.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:11 pm
by Keith B
Shinesintx wrote:
3dfxMM wrote:That "loophole" is available for public schools as well.
Who can give the written authorization?
Whoever has the autority to do it. Would be school principal, or school board I would imagine. Trustees at the Harrold ISD approved a district policy change in October 2007 to allow their teachers to carry in class.

http://www.foxnews.com/story/0,2933,404 ... z21005tvNz" onclick="window.open(this.href);return false;

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:14 pm
by Keith B
Proximo wrote:I know this may be a stupid question but what is considered a "Physical premises of a school" mean.

Does this mean inside the building?

If so, does that mean I can carry outside the building as long as a school activity is not taking place on the grounds. It sounds like the grounds of the school is only prohibited if a school sponsored activity is taking place.

If this is true, can I carry in the parking lot or even on the School grounds as long as an activity is not taking place and I don't walk inside the "Premises".

I really would like to be clear on this because I would like to take my little girl to the play ground at night which is open to everyone in town but it's on school grounds. no activity by the school is taking place and if the premises is considered inside the school, I would hope I can carry on the school grounds.

Any thoughts.
Welcome to the forum.

Premises is defined as the building or portion of a building, and does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

See Texas Penal Code 46.035 (f)(3) for the definition.

EDIT TO FIX TYPO

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:18 pm
by AEA
Keith B wrote:
Proximo wrote:I know this may be a stupid question but what is considered a "Physical premises of a school" mean.

Does this mean inside the building?

If so, does that mean I can carry outside the building as long as a school activity is not taking place on the grounds. It sounds like the grounds of the school is only prohibited if a school sponsored activity is taking place.

If this is true, can I carry in the parking lot or even on the School grounds as long as an activity is not taking place and I don't walk inside the "Premises".

I really would like to be clear on this because I would like to take my little girl to the play ground at night which is open to everyone in town but it's on school grounds. no activity by the school is taking place and if the premises is considered inside the school, I would hope I can carry on the school grounds.

Any thoughts.
Welcome to the forum.

Premises is defined as the building or portion of a building, and does NOT include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

See Texas Penal Code 46.035 (f)(3) for the definition.
Keith, I think I fixed it for ya?

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:22 pm
by Keith B
AEA wrote:
Keith B wrote:
Proximo wrote:I know this may be a stupid question but what is considered a "Physical premises of a school" mean.

Does this mean inside the building?

If so, does that mean I can carry outside the building as long as a school activity is not taking place on the grounds. It sounds like the grounds of the school is only prohibited if a school sponsored activity is taking place.

If this is true, can I carry in the parking lot or even on the School grounds as long as an activity is not taking place and I don't walk inside the "Premises".

I really would like to be clear on this because I would like to take my little girl to the play ground at night which is open to everyone in town but it's on school grounds. no activity by the school is taking place and if the premises is considered inside the school, I would hope I can carry on the school grounds.

Any thoughts.
Welcome to the forum.

Premises is defined as the building or portion of a building, and does NOT include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

See Texas Penal Code 46.035 (f)(3) for the definition.
Keith, I think I fixed it for ya?
Thanks, bad proofreading on my part. LOL

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:28 pm
by Proximo
Thank you so much for the intelligent response. So to dumb things down for me.

Yes. I can carry in the school "playground" which is away from the building as long as no school activity is taking place.

or am I just to dumb to get this.... :lol:

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:40 pm
by Purplehood
Proximo wrote:Thank you so much for the intelligent response. So to dumb things down for me.

Yes. I can carry in the school "playground" which is away from the building as long as no school activity is taking place.

or am I just to dumb to get this.... :lol:
I would consider that as pushing a definition too far. I don't like it, but as the law stands I think I would avoid playgrounds...too much association with children + school for my taste.

Some lawyer-talk I once heard said something is not against the law unless it is specifically prohibited. In this case the definition of premises does not include playgrounds (unless I missed it) and makes me wary of trying to push the issue with an LEO.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 1:51 pm
by Shinesintx
Proximo wrote:Thank you so much for the intelligent response. So to dumb things down for me.

Yes. I can carry in the school "playground" which is away from the building as long as no school activity is taking place.

or am I just to dumb to get this.... :lol:
Welcome to the site. Dont worry about stupid questions...its why most of us joined...we ALL had a stupid question and ended up finding this place.

Its also good to see a questioned answered several times. I needed to be reminded of what a "premise" was.

Re: Private school, can I legally CC?

Posted: Wed Jul 18, 2012 4:34 pm
by alphonso
Is there a good definition of school sponsored activity on school grounds (not in the building)?

I'm sure that a football game would be a school sponsored activity, but what about a foot ball practice, a bake sale, or just students walking around? After all, the school does sponsor (sort of) students just walking around on the grounds...