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Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 10:19 am
by locke_n_load
Not a school, city owned property, and you have a license? Conceal Carry away, from a legal standpoint.
Now if the DISD has a "you're fired" policy for carrying while there, that is a different matter. But concealed means concealed too.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 10:22 am
by Taypo
locke_n_load wrote:Not a school, city owned property, and you have a license? Conceal Carry away, from a legal standpoint.
Now if the DISD has a "you're fired" policy for carrying while there, that is a different matter. But concealed means concealed too.
The employee handbook will tell you what you're allowed to do.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 11:33 am
by RoyGBiv
Dallas
ISD...
Sounds like an "educational institution" and an "activity sponsored by a school" to me.
PC 46.03
(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,
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 12:16 pm
by C-dub
RoyGBiv wrote:Dallas
ISD...
Sounds like an "educational institution" and an "activity sponsored by a school" to me.
PC 46.03
(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,
I lean heavily in this direction and if it were my job be even more cautious and not push the limits.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 12:22 pm
by MONGOOSE
I may be wrong but I think DISD ownes their building
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 12:28 pm
by ScottDLS
MONGOOSE wrote:I may be wrong but I think DISD ownes their building
Yes but Dallas Independent School
District, means they are a governmental entity. The Independent just means that they are not run by the City of Dallas, they have several municipalities within the district. But as a government entity they may not post 30.06, unless they want to make the case that the DISD administration offices are a "SCHOOL". If it was my employment on the line, I'd leave it in the car, but it should be legal to carry there unless it is a school.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 1:02 pm
by C-dub
ScottDLS wrote:MONGOOSE wrote:I may be wrong but I think DISD ownes their building
Yes but Dallas Independent School
District, means they are a governmental entity. The Independent just means that they are not run by the City of Dallas, they have several municipalities within the district. But as a government entity they may not post 30.06, unless they want to make the case that the DISD administration offices are a "SCHOOL". If it was my employment on the line, I'd leave it in the car, but it should be legal to carry there unless it is a school.
How about the second part of that statute? Aren't they an educational institution? I know it get's a bit sticky, but aren't they? It seems like we always focus on the school part and forget the second part.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 1:09 pm
by RoyGBiv
It's a building filled with teachers, administrators and, occasionally, students.
The people in that building run the school district.
I'm slack-jawed that anyone thinks it might not be an "educational institution" as defined in 46.03.
Imagine that the building was on a school campus. Would it be off limits? Of course.
Just because it's a separate campus doesn't mean it isn't an educational institution.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 2:46 pm
by ScottDLS
RoyGBiv wrote:It's a building filled with teachers, administrators and, occasionally, students.
The people in that building run the school district.
I'm slack-jawed that anyone thinks it might not be an "educational institution" as defined in 46.03.
Imagine that the building was on a school campus. Would it be off limits? Of course.
Just because it's a separate campus doesn't mean it isn't an educational institution.
No I believe that an administration building is just that, an
administration building. Unless students are regularly there and being taught, then it is not a SCHOOL. If there were students there in a particular instance, it would be a school sponsored activity, and 46.03 would prohibit, but what about a Data Center leased by the ISD? Is that a school?
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 3:35 pm
by RoyGBiv
ScottDLS wrote:RoyGBiv wrote:It's a building filled with teachers, administrators and, occasionally, students.
The people in that building run the school district.
I'm slack-jawed that anyone thinks it might not be an "educational institution" as defined in 46.03.
Imagine that the building was on a school campus. Would it be off limits? Of course.
Just because it's a separate campus doesn't mean it isn't an educational institution.
No I believe that an administration building is just that, an
administration building. Unless students are regularly there and being taught, then it is not a SCHOOL. If there were students there in a particular instance, it would be a school sponsored activity, and 46.03 would prohibit, but what about a Data Center leased by the ISD? Is that a school?
I see your point.... but.. seems like a big risk.
Remember that the law prohibits carry not only at "schools" but also at "educational institutions". I would lean towards agreeing with you if we were talking about a storage shed on a school campus, but a building full of people who run the school district fits my definition of "educational institution". I'd be pleased to hear a legal opinion that I'm wrong, but, I don't think I am.
I didn't find a clear definition in the PC for "educational institution"... I did find something that appears to support your (ScottDLS) viewpoint, but it's not exactly on-point as this law is part of the Education Code, not the PC and it's regarding colleges and universities.. emphasis mine...
http://www.statutes.legis.state.tx.us/D ... htm#61.302
(14) "Educational and general buildings and facilities" means buildings and facilities essential to or commonly associated with teaching, research, or the preservation of knowledge, including the proportional share used for those activities in any building or facility used jointly with auxiliary enterprises. Excluded are auxiliary enterprise buildings and facilities, including but not limited to dormitories, cafeterias, student union buildings, stadiums, and alumni centers, used solely for those purposes.
I would NOT carry in an ISD Admin building....
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 3:43 pm
by MONGOOSE
My local ISD uses the administration building for classrooms for the teachers and also students (teaching adminstion) and giving the students tours
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 6:33 pm
by ScottDLS
RoyGBiv wrote:
I didn't find a clear definition in the PC for "educational institution"... I did find something that appears to support your (ScottDLS) viewpoint, but it's not exactly on-point as this law is part of the Education Code, not the PC and it's regarding colleges and universities.. emphasis mine...
http://www.statutes.legis.state.tx.us/D ... htm#61.302
(14) "Educational and general buildings and facilities" means buildings and facilities essential to or commonly associated with teaching, research, or the preservation of knowledge, including the proportional share used for those activities in any building or facility used jointly with auxiliary enterprises. Excluded are auxiliary enterprise buildings and facilities, including but not limited to dormitories, cafeterias, student union buildings, stadiums, and alumni centers, used solely for those purposes.
I would NOT carry in an ISD Admin building....
This is an interesting cite. Since there is no definition of school in the Penal Code, the next place to look would be the Education Code where you got this from. I wouldn't probably risk it in the ISD administration building case, but in my Data Center example, I'd probably do it.
Re: Dallas ISD Administration Building
Posted: Wed Sep 30, 2015 9:39 pm
by gdanaher
I'm stunned. Just stunned. It's a school facility. They don't own it and lease it to Krogers or something. School business is conducted there. Beyond that, written board policy includes a blip that states that employees may not have a gun on school property, not just facilities, and having it there is grounds for termination. Send an anonymous email to their PIO and ask them to cite the rules you would be breaking and why. I feel your pain, but drive there in a car, leave the gun at home, and hope for the best.