TexasCHLforum.com

Saulnier wrote:Thanks for the reply Keith!

It is a pre k-8th grade non accredited school. The area that they meet in is used for other church events many times per week.

I had similar thoughts as yours but wanted to see if anyone else sees it as I do.

Thanks again for your time.

Saulnier

Even if non-accredited, I would be cautious in carrying while school activities are ongoing. Otherwise, since multi-use, I would say since it's a church owned building when it's being used by the church and not the school it would be considered a church.

Saulnier wrote:A clear answer on this would be great. I am on staff at a church that also has a private school. (in church owned buildings) The school functions as a ministry of the church including tax ID.

I have spoken with 2 different folks in the county prosecutors office and district attorneys office and they refuse to give an opinion official or even off the record.

As of this point we have purposely chosen not to give an opinion as a church.

Saulnier

mloot wrote:I have a similar question. I go to church that also includes a church school in the same building. From what I have gathered, the church owns the building and that is its main purpose and the school is an off-shoot of the church. I don't carry there if I happen to stop by on a weekday (my wife is employed there), but I am unsure of the legality of concealed carry there when school is out or on weekend functions other than church services. The premises do not have any signs posted (30.06 or 30.07).

Depends. If the school is a Pre-K - 12 accredited school, then it will be off limits for carry unless the administration (superintendent/board) approves it. Now, as for when it's off limits, it will depend on if the area the school uses is dedicated or multi-use. If dedicated, then it is only a school and that area would be off-limits (without appropriate permission) for carry at all times. If it's multi-use (church part-time/school part-time) then it would be off-limits when any school function is being held.

Now, to caveat, this is only my opinion and may not hold up in a court, but I believe that would be my reasoning for allowed or not and would be my line of defense if needed for court.

Glockster wrote:

Keith B wrote:A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

Always wondered why that is - meaning that if they have other exceptions which only apply when the space is being used as it is, why they didn't apply the same for school premises as they get used during summer for lots of non-school related activities.

It's because the of the way the law is written and worded. It states 'on the premises' and 46.035 defines premises as

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

So, the school 'building' is always a school building, no matter what it is being used for because it is owned by the school district.

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.