The activity issue I don't think is an issue. The vehicle issue is. Even if the driver had the consent or effective consent to carry in the schools vehicle (using the 52.061 rules) the written or regulatory authorization from the institution is expressly required to get around 46.03.
tex
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Return to “School Employee on Trip.”
- Fri May 13, 2016 5:42 pm
- Forum: General Texas CHL Discussion
- Topic: School Employee on Trip.
- Replies: 25
- Views: 2942
- Fri May 13, 2016 12:16 pm
- Forum: General Texas CHL Discussion
- Topic: School Employee on Trip.
- Replies: 25
- Views: 2942
Re: School Employee on Trip.
Unless, of course state law you're forgetting is state statute PC §46.03. PLACES WEAPONS PROHIBITED.TexasCajun wrote:School sponsored activity is irrelevant to this discussion. As Charles has outlined in one of the earlier TFC podcasts, including the written authorization phrase in the statute limits the scope of "school sponsored activities" to only those grounds that are part of the school campus or property. A principle can't authorize the carrying of a handgun on property that the school doesn't own or control. Otherwise, you'd have to leave McDonald's when the high school football team shows up if you are carrying.RoyGBiv wrote:Not legal advice, just my opinion.
A "school sponsored activity" does not have to include children.
What you describe is, IMO, a "school sponsored activity".
also... PC seems clear about school vehicles.
Emphasis mine.PC §46.03. PLACES WEAPONS PROHIBITED.
........
(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;
To address the OP's initial question - refer to school/district policy. If they allow concealed carry in district vehicles or while on district business, then you'd be ok to carry. If policy forbids it, you could be disciplined or fired for carrying. But you wouldn't run afoul of state law.
(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;
for which
(g) An offense under this section is a third degree felony. Because you would be operating outside of school regulations or without written authorization.
This presumes the car on a sanctioned business trip is a passenger transportation vehicle by definition. I believe it is in this case. If not then no state foul.
- Fri May 13, 2016 7:52 am
- Forum: General Texas CHL Discussion
- Topic: School Employee on Trip.
- Replies: 25
- Views: 2942
Re: School Employee on Trip.
Vol Texan wrote:So, according to the responses, he cannot carry in the vehicle under the authority of his CHL (LTC), because it is a school sponsored activity. and not carrying pursuant to written regulations or written authorization of the institution.
But could he carry under the authority of MPA, as long as he disarmed before attending whatever event he is driving to? no, because the MPA does not override the school's authority to give or withhold permission to carry on a school transportation vehicle by regulation or written document as per 46.03.
I'm not suggesting that he SHOULD - I truly don't know one way or another. I'm just trying to make sure all avenues are explored.
- Fri May 13, 2016 7:49 am
- Forum: General Texas CHL Discussion
- Topic: School Employee on Trip.
- Replies: 25
- Views: 2942
Re: School Employee on Trip.
Yes it is a good question. I am assuming we are talking about a NON-higher education public school or institution because the rules are slightly different and will be more so after August 1.
The 46.03a1 prohibition against possessing a firearm on "...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...includes the exception..."unless pursuant to written regulations or written authorization of the institution..."
So yes , it is POSSIBLE TO carry a firearm while on school business using a school vehicle pursuant to written regulations or written authorization of the institution. Here we assume that your business trip would be considered a school activity. Even if it isn't considered such you are using a passenger transportation vehicle. Chapter 34 of the Education Code establishes that a passenger car may be used to transport less than 15 students. While it doesn't say so directly, I would take that as a good indication that your school vehicle used on a business trip would qualify as a passenger transportation vehicle for the application of this rule.
It all hinges on whether you are carrying under the authority of a school regulation or written authority.
tex
The 46.03a1 prohibition against possessing a firearm on "...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...includes the exception..."unless pursuant to written regulations or written authorization of the institution..."
So yes , it is POSSIBLE TO carry a firearm while on school business using a school vehicle pursuant to written regulations or written authorization of the institution. Here we assume that your business trip would be considered a school activity. Even if it isn't considered such you are using a passenger transportation vehicle. Chapter 34 of the Education Code establishes that a passenger car may be used to transport less than 15 students. While it doesn't say so directly, I would take that as a good indication that your school vehicle used on a business trip would qualify as a passenger transportation vehicle for the application of this rule.
It all hinges on whether you are carrying under the authority of a school regulation or written authority.
tex