TexasCHLforum.com

Kyle Brown wrote:

txinvestigator wrote:

Kyle Brown wrote:

NcongruNt wrote:

txinvestigator wrote:

Venus Pax wrote:

txinvestigator wrote:
There is a provision in the law NOW that with written permission a CHL holder CAN carry.

I don't know of any administrator that would touch that with a ten foot pole.

I agree; therein, lies the problem. Even if carry at schools was NOT prohibited by penal code, every school would just post 30.06.

But since most schools are government-owned, wouldn't those 30.06 signs not be legally binding, and improperly posted?

In Texas, public schools (ISDs specifically) are not government owned. All property owned by the ISD is legally owned by the school board of trustees.

I admit, I need an education about this, but is not the board of trustees a government entity? They collect taxes, have elected representatives, etc, etc?

A school district IS a government entity.

Txi, I made this remark in another thread here recently.

Texas public school "law" is very interesting to say the least. It is full of "holes" and lacks definition in certain areas, all of which, in my opinion, is by design.

In short, both real and personal public school property is not owned by the state or any government entity. All rights and titles to public school property is vested in the board of trustees and their successors. The board of trustees has the exclusive power and duty to oversee the management of the public schools and said property in their respective districts. Therefore, the property is private property.

In my opinion, any ISD board of trustees my elect to post their private property with a TPC 30.06 sign and enforce the same.

Therefore, an ISD is not a government entity. I look at it as a private entity, not unlike a private corporation, which functions at the will and pleasure of the electorate BUT as such, must function under the rules governing education if it is to be accredited.

Kyle Brown wrote:

NcongruNt wrote:

txinvestigator wrote:

Venus Pax wrote:

txinvestigator wrote:
There is a provision in the law NOW that with written permission a CHL holder CAN carry.

I don't know of any administrator that would touch that with a ten foot pole.

I agree; therein, lies the problem. Even if carry at schools was NOT prohibited by penal code, every school would just post 30.06.

But since most schools are government-owned, wouldn't those 30.06 signs not be legally binding, and improperly posted?

In Texas, public schools (ISDs specifically) are not government owned. All property owned by the ISD is legally owned by the school board of trustees.

frankie_the_yankee wrote:

txinvestigator wrote: You are completely wrong. There is no law prohibiting a government agency frim posting a 30.06 law. There is no penalty or crime if a government entity posts a 30.06.

30.06 simply makes it an exception to the application of 30.06 if the location is a placed owned or leased by a government entity.

The real point is (and one I missed in my previous post) that a 30.06 sign posted at a school could be ignored by a CHL holder.

I guess I didn't phrase my thought precisely. What I meant was that such a sign would not have the force of law for CHL holders, NOT that it would be a crime for a government agency to post it.

frankie_the_yankee wrote:

txinvestigator wrote:

Venus Pax wrote:

txinvestigator wrote:
There is a provision in the law NOW that with written permission a CHL holder CAN carry.

I don't know of any administrator that would touch that with a ten foot pole.

I agree; therein, lies the problem. Even if carry at schools was NOT prohibited by penal code, every school would just post 30.06.

Nope. The law passed in 2005 prohibits government agencies from doing that. The only government places that can be posted or are inherently off limits are those expressly listed in the law. In the current law, schools are listed on the list of prohibited places, and there is no need for them to be posted.

If they were REMOVED from the list of prohibited places, it would be UNLAWFUL for any to be posted.

I believe (and I'm sure I'll be corrected if I am wrong) that 30.06 signs are intended, since 2005 at least, for the use of PRIVATE property owners.

Venus Pax wrote:

txinvestigator wrote:
There is a provision in the law NOW that with written permission a CHL holder CAN carry.

I don't know of any administrator that would touch that with a ten foot pole.