Not exactly. Here is what the law states:Mustangtexas wrote:Your right. Those instances are by vote of the school board directed at employees of the district. I was referring to a principal telling the regular guy it's OK.jmra wrote:Not exactly.Mustangtexas wrote:I don't believe you could carry inside the school even if the principal said yes. You would be violating state law and a principal saying yes can't change that.
http://abcnews.go.com/US/texas-school-d ... gle.com%2F
This is just one of a number of Texas ISDs that allow approved CHL holders to carry in schools.
PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
The key words here are "written authorization of the institution". Who has authority to speak for the institution? This is not defined in the law.
To my knowledge the ISDs that have publicly announced that they are allowing Carry at their schools have gone through the school board to develop written regulations. However, written authorization could without doubt come directly from a Superintendent without action from the board. This might not be the smartest move by the Super but still legal.
Moving down the ladder becomes a little more controversial. Does the "institution" refer to the ISD or the campus in question? The legal answer to this question (probably not yet established by the courts) would determine if a principal could authorize a CHL to carry on campus. There are those that believe that a principal who has responsibility for an entire facility does in fact speak for the institution when administrating the activities of his or her subordinates.
