Search found 5 matches

by RottenApple
Fri Mar 22, 2013 11:45 am
Forum: General Texas CHL Discussion
Topic: Who has the say about carrying a gun in a School in Texas?
Replies: 20
Views: 2880

Re: Who has the say about carrying a gun in a School in Texa

Hrivera1 wrote:Yeah as far as we know we are classified as a private school and TEA is our big brother wacthing us. TEA has the right to shut us down if we are not following there procedures. I know that they are some small districts in texas that allow teachers to carry on their campuses, so that's where this question came from, as for a employee manual that is not a bad idea but as of now it is strictly a family business which includes my Father, mother, my wife, brother and myself. I think as soon as we hire any other employees we will consider a handbook.
I'm a co-owner of one company and sole proprietor of another. Neither company has any employees other than myself. Yet I created an employee handbook for both companies. They aren't hard to make and you'll already have them for when you do hire non-family employees. Of course, as has been stated several times, run it past a lawyer to make sure there are no issues.
by RottenApple
Thu Mar 21, 2013 12:58 pm
Forum: General Texas CHL Discussion
Topic: Who has the say about carrying a gun in a School in Texas?
Replies: 20
Views: 2880

Re: Who has the say about carrying a gun in a School in Texa

Hrivera1 wrote:I guess that's what I was looking for thank you. Has anyone ever seen a example of one of these letters? Thank you Rotten Apple and others for the feed back and response.
Not I. And as far as I know there is no legal wording specifically required. I imagine something along the lines of:

"This letter authorizes ____________ to carry a concealed handgun as long as they maintain a valid TX CHL or until otherwise revoked."

....would suffice. BTW, YMMV, IANAL, and IDNSAAHIELN. :tiphat:
by RottenApple
Thu Mar 21, 2013 12:45 pm
Forum: General Texas CHL Discussion
Topic: Who has the say about carrying a gun in a School in Texas?
Replies: 20
Views: 2880

Re: Who has the say about carrying a gun in a School in Texa

Hrivera1 wrote:As far as I know we are considered a private school. Every licensed instructor must go through the Texas Education Agency and we are part on region 13 under TEA. As for going into other schools that won't happen I'm just more concerned about our building and our instruction car.
Ok. Then that should mean that whomever is authorized (that would be the owner and/or manager most likely) would have to either write the weans policy to explicitly grant CHL employees authorization to carry or provide a written letter of authorization for the employee to carry with them. Frankly, you can/should do this regardless of whether you are a legal school or not.
by RottenApple
Thu Mar 21, 2013 12:33 pm
Forum: General Texas CHL Discussion
Topic: Who has the say about carrying a gun in a School in Texas?
Replies: 20
Views: 2880

Re: Who has the say about carrying a gun in a School in Texa

RoyGBiv wrote:RottenApple pretty well covered it, I think. Especially the caveat to watch out for becoming a "school-sponsored activity" if you are affiliated with any specific HS or ISD.
Why thank you, sir. I've learned a lot from you old folks! :mrgreen:
by RottenApple
Thu Mar 21, 2013 11:41 am
Forum: General Texas CHL Discussion
Topic: Who has the say about carrying a gun in a School in Texas?
Replies: 20
Views: 2880

Re: Who has the say about carrying a gun in a School in Texa

Hrivera1 wrote:So does anyone know who has the final say about carrying a gun in a school public or private in the state of texas. The State, the district Board, the owner of a private school? Does anyone know these answers. The reason I ask is because my family owns a Driving School and when my stepfather and I asked this question during our course no one was able to give us a answer. On one hand it's our business and have the right to defend it and on the other it's a school so how does it work. All comments and info welcomed.
TPC 46.03 states:

Code: Select all

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, [color=#FF0000]unless pursuant to written regulations or written authorization of the institution[/color];
Now, I question if your business even qualifies as a school or not. Are you an accredited educational institution by the state of Texas? If not, then I doubt you are a school. And if you are not a school, then you just need to write your weapons policy in such a way as to allow CC.

If you are a school (legally) then you either need to write your weapons policy in such a way as to give CHLs explicit permission to carry and/or provide written authorization to each CHL to carry with them.

One possible issue, if you have contracts with actual schools where you provide their driver education classes, your employees may not be able to carry because it may be seen as a school sponsored activity.

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