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by Papa_Tiger
Wed Oct 28, 2020 3:30 pm
Forum: General Texas CHL Discussion
Topic: "School Sponsored" scope....
Replies: 24
Views: 6577

Re: "School Sponsored" scope....

Charles L. Cotton wrote: Wed Oct 28, 2020 2:55 pm
ELB wrote: Wed Oct 28, 2020 10:29 am
Charles L. Cotton wrote: Wed Oct 28, 2020 9:39 am
After the posts you quoted, an AG Opinion was issued that supports my analysis. It dealt with courthouses rather than schools, but the operative language was identical.

The AG opined that the administrative Judge can ban handguns only in the areas of a building the court uses and can control. This was based upon the language in the Code banning handguns in courthouses "unless pursuant to written rules or written authorization." The language and rationale is identical to schools.

I'm in a waiting room typing on my phone. I'll post the AG Opinion in question when I get back home.

Chas.
Ah, good.

I didn't think to look for "parallel" opinions in other areas, I just looked for school sponsored. However, AG's courthouse opinions didn't fly at the trial court level, we shall have to see what the appellate court ruling brings.
What trial?

Chas.
Probably referring to the Waller County Courthouse decision:
https://www.houstonchronicle.com/news/h ... 610368.php
by Papa_Tiger
Mon Oct 26, 2020 12:00 pm
Forum: General Texas CHL Discussion
Topic: "School Sponsored" scope....
Replies: 24
Views: 6577

Re: "School Sponsored" scope....

srothstein wrote: Mon Oct 26, 2020 11:45 am I cannot find it right now, but Charles has gone into this at length before. If I remember his explanation correctly, he explains that it can only apply to places where the school has control of the property to begin with. Much as the example given about the office building, consider a zoo or museum. If they allowed me in while legally carrying, and then the school shows up in a class trip, I am all of a sudden breaking the law under any other interpretation of this. How do I even get out of the zoo to put it in the car without breaking the law? The law can never be interpreted to be nonsensical.
Were you thinking of this: SB 394 by Creighton - Clarification of School Activity Grounds (2017)

As far as I know - this one died after being reported out of the House Committee. A similar bill (HB1009) was filed in the House in 2019, but never even received a hearing.

ETA: There was a companion bill in the Senate (SB117) that also made it to the House Criminal Jurisprudence Committee headed by Democrat Nicole Collier during the 2019-2020 legislative session. This seems to be another great bill that died due to the feckless leadership of Speaker Bonnen appointing Democrats as heads of significant committees.

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