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I did a little searching and didn't find any good answers.

The last two classes that I have taught, I have had students ask about Church's that are also private schools. Basically my question is, is it a Church or is it a school or is it both? Both of the scenarios that was presented to me had separate buildings for the school and for the church, but there are others that are connected buildings. Is there a "line" dividing the two if they are connected buildings?

Any help or direction would be grateful!

First off, let's assume the building is owned by the church and not a 'school' entity and not posted with a 30.06 sign.

Now, while there is not really a solid definition on this, here is the majority train of thought: If the school uses shared space (i.e. school during week and church use on Sunday or other times), then it is only off limits when there are students there. If the area is exclusive use of the school, then it would be off limits at all times.

Pretty simple way to break it down, and if you would be challenged about carrying in the area of the building it would give you a argument for defense.

Sadly our Texas gun laws are a huge headache...

I do not believe the carry laws make a distinction between private and public schools...I think somewhere they are classified the same in the Penal Code for purposes of illegally carrying weapons...and then there are....home schools....I think they are classified as private schools.

Watch those home schools you might enter!....

How about a home-school church school?...DOH

dlh

The statute makes it an offense to carry on the premises of a public OR private school, unless pursuant to a written regulation or written permission of the institution.

It uses the definition of 'premises' that we've all been ingrained with by now, as in the building or portion of the building. Since i don't have a case law to cite where the courts have provided better clarification, I generally tell my students with this type of 'what if' question that if they observe the more restrictive option (ie, don't tread on the school grounds / into the school portion of the church property) then it will help keep them from becoming the test case.

The other option, of course, would be to get written permission from the church's school or having them incorporate a written policy on the matter.

I've also had another version of this question asked; "What if my church service is held at a school auditorium on Sunday's?". I tell them in this scenario that a school is a school, even if rented out to a church, & sticking to the 'more restrictive' rule of thumb would still be valid.