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by CleverNickname
Tue Oct 08, 2024 3:51 pm
Forum: General Texas CHL Discussion
Topic: Legality of carrying in a school building
Replies: 11
Views: 1015

Legality of carrying in a school building

I was reading PC 46.03 for a different legal question I had, and I noticed something in section (a) that I hadn't seen before.
Sec. 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the school or institution; or
(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of a postsecondary educational institution, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
Reading section (a)(1), it appears that carrying on school premises is only illegal if "an activity sponsored by the school or institution is being conducted". I know that some public schools lease out their buildings on Sundays to churches who don't own their own buildings, and since those church services aren't an activity sponsored by the school then it appears that carrying there during that time is legal. Am I reading this correctly or not?

If you think I'm reading it incorrectly, would the legal situation differ if it were a church-owned building that was a private school during the week and used by the church for bible study on Sundays? If so, why?

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