RoyGBiv wrote:Bladed wrote:RoyGBiv wrote:Charles L. Cotton wrote:Open-carry is fine and even HB308 has some life left in it. Srnewby is correct, something is working so watch the horizon. Since we know the opposition reads the Forum, and that there are even moles among us, I can't say more at this point. I spent the day in Austin today.
Chas.
Cross posting from the "2 Gunmen" thread...
So... If the terrorists managed to get past law enforcement last night, the folks inside the building were statutorily disarmed.
The building is Garner ISD "premises", I believe.
Does this reality add any impetus to HB 308 at all?
We're verging on territory better left to lawyers and/or the courts, but it's worth noting that the Texas Penal Code doesn't say anything about the premises of an independent school district; it prohibits guns on the 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." This raises the question of whether "school or educational institution" refers to the nature of the property or the ownership of the property. For example, what if an independent school district invests in income properties unrelated to education--do each of those properties become statutory gun-free school zones under Texas law?
I'm fairly confident that you will lose that argument in court. And lose badly.
ISD's are "educational institutions", clear as day.
So if a school district uses its investment fund to develop an apartment complex as a source of income and equity for the district, no resident of that apartment complex may lawfully possess a gun?
As I said before, this is a question for the lawyers and the courts, but it's definitely not as simple as pointing out that an independent school district is an educational institution. You have to look at the intent of the law and the intent behind the chosen wording. Why does the law say "on the physical premises of a school or educational institution" and not "in any building owned by an educational institution"?
If I own five rent houses plus the house in which I live, any of those could be described as "a home owned by Bladed," but only the one in which I live could accurately be described as "the home of Bladed." Just as interpreting these two phrases is more complicated than being able to define "home" and "Bladed," interpreting the law in question is more complicated than being able to define "premises" and "educational institution."
The apparent intent of the law is to keep guns out of school buildings and buildings where school-sponsored activities are taking place. It would have been much easier for lawmakers to simply prohibit guns in any building owned by an educational institution, but they went out of their way to use more-complicated language. It's reasonable to assume they did so for a reason.