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Who has the say about carrying a gun in a School in Texas?
Posted: Thu Mar 21, 2013 11:24 am
by Hrivera1
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 11:41 am
by RottenApple
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:27 pm
by JKTex
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.
A driving school is not a school as defined by the law that prohibits carry. It's just a private business. Carry on....so to speak.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:31 pm
by RoyGBiv
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:33 pm
by RottenApple
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!
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:36 pm
by Hrivera1
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:45 pm
by RottenApple
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:53 pm
by Hrivera1
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 12:58 pm
by RottenApple
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.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:18 pm
by Dragonfighter
RottenApple wrote: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!
Mature, the word is mature.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:29 pm
by MeMelYup
Dragonfighter wrote:RottenApple wrote: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!
Mature, the word is mature.
Do you mean to tell me there are e bunch of Senile, Sexy, Senior citizens on this board?
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:34 pm
by Hrivera1
I was thinking something like this would be fine then.
"This letter authorizes ____________ CHL permit #__________ to carry a concealed handgun in my place of business/commercial vehicle as long as they maintain a valid TX Concealed handgun License or until otherwise revoked."
Thanks once again.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:52 pm
by lrpettit
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.
It doesn't just matter whether you and your employees are "going into other schools". If it is a school sponsored activity for an ISD or other school there may be issues to deal with.
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:55 pm
by Keith B
Hrivera1 wrote:I was thinking something like this would be fine then.
"This letter authorizes ____________ CHL permit #__________ to carry a concealed handgun in my place of business/commercial vehicle, pursuant to Texas Penal Code § 46.03(a)(1) written authorization exemption, as long as they maintain a valid TX Concealed handgun License or until otherwise revoked."
Thanks once again.
I would reference the statute that allows the the written authorization
§ 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, 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 which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
Re: Who has the say about carrying a gun in a School in Texa
Posted: Thu Mar 21, 2013 1:59 pm
by RoyGBiv
Keith B wrote:I would reference the statute that allows the the written authorization
And I would ask a lawyer to review it and give you a written opinion.
Worth the cost, IMO.