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Without seeing the insurance policy I can't give an opinion. However, I think they are blowing smoke. There is no "waiver" to get from an insurance company, unless the insurance policy expressly requires the school not to issue written approval to carry on school grounds. I don't believe that for a second!

Me thinks the insurance company was just an excuse. Even if she did call the insurance company, they don't have the authority to say no, unless it's specifically addressed in the policy.

Regards,
Chas.

Welcome to the forum. You must write law school exams!!

apowell wrote:Based on the premise that one could be authorized by a "school" (whatever that is) to carry on the premises, what level of school administrator's written authorization would be required to grant a CHL holder that permission?

I would think anyone at an administrative level in the particular school. A teacher probably would not have the authority, but principal or vice-principle is clearly an administrative position and I think they would have the authority.

apowell wrote:Would this change depending on whether or not it was a public or private school?

I don't think so.

apowell wrote:If no expiration date was on the authorization, would it be presumed to remain in effect until specifically revoked in writing by an equal or higher level of "school" administrator?

If there was no expiration date, and no published policy as to the duration of such authorizations, I believe the authorization would be perpetual, unless revoked.

apowell wrote:Also, would a district policy against authorizing concealed carry invalidate an administrators authorization from the CHL holders position if the CHL holder wasn't aware of the policy?

An authorization must come from someone with the authority, or at least apparent authority, to make such an authorization. If the district administration specifically denied such authority to administrators at the individual schools, then the authorization would probably be invalid. There could be exceptions such as the school district's acquiescence, actions by the district that would give apparent authority when viewed by reasonable person and overt actions to hide the lack of authority at the local level. However, these exceptions would have to be proven in court, if an arrest were made.

Even if authorization carry on school grounds were issued by someone without authority to do so, as long as the CHL was not aware of the lack of authority, then the state may find it difficult to prove the required mental state (mens rea).

Very good questions; I wish I had equally good answers.

Regards,
Chas.

carlson1 wrote:I figured this fit here. I would like to know if a Church has a school K-5 - 12th grade how does the law apply. School - no carry or Church - in my case it is OK. I would like maybe some "free" legal advice here. It determines rather I start a Christian School in 2007.

I intended to post this reference for you Carlson1, but I forgot. I ran across this again today talking to someone about TPC 9.04.

If it's your church and your school, you can give yourself written authorization to carry. Here is the relevant TPC Section:

§ 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;

When you issue the written authorization for yourself, give me one too, just for the heck of it. Actually, I see nothing in the statute that would prevent you authorizing all CHL's.

Regards,
Chas.

Trainman:

A building owned by a university and used as a bookstore would be off-limits, even if the operation is contracted out to a private entity. The university’s ownership and its use are the key.

A less clear example arises when off-campus buildings are owned by a school, but only part of the building is used by students, faculty, or administration, with the remainder leased to private persons or entities. That one gets sticky!

Regards,
Chas.

Dglockster:
You do not have to leave your gun in the car under all circumstances, but be careful with the fact pattern you describe.

Guns are prohibited on the “premises� of a school. Tex. Penal Code §46.03( a)(1). “Premises� is defined as follows: “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.� Tex. Penal Code §46.03(a))(1) adopting the definition found in §46.035(f)(3). Thus, since a track is a walkway, it should not be prohibited area.

Here is the potential trap. §46.03(a)(1) is a little unique in that it doesn’t prohibit carry only on the “premises,� it expands the prohibition to include “any grounds or building on which an activity sponsored by a school or educational institution is being conducted, . . .� Tex. Penal Code §46.03(a)(1). I believe the intent of this language is to render “grounds� off-limits for activities like pep rallies, organized activities like Greek Week, band practice, football practice, etc. However, if the school or an officially recognized school organization is sponsoring a “let’s walk off the beer we poured down last night� day at the school jogging track, then I believe it would be prohibited.

If there is no "sponsored" event on or around the track, you should be okay, but I could see an overzealous (a/k/a bored) campus cop making the arrest and a DA like Travis County’s rabid anti-gun, anti-CHL Ronnie Earl accepting the charges and prosecuting. (If I recall correctly, Earl sent the Sastrup (sp?) case to the Grand Jury 3 times, literally begging for an indictment on the third trip, but refused to even investigate, much less charge, Travis County Constable Bruce Elfant for his alleged use of County money to run around the country testifying against CHL in other states.)

So, there is some risk in carrying on a track, but that risk comes from what I believe to be misreading and misapplying §46.03(a)(1), or for political reasons, so the degree of risk will vary by location. That’s the end of my analysis of the statutes involved. What would I do? I'd carry the pistol, so long as no organized activity was going on, but that’s just my opinion about what I’d do; it’s not advice for anyone else!

Regards,
Chas..

cpick wrote:You can keep your concealed handgun locked inside your vehicle while on a school campus, right?

Yes you can.

Welcome to the forum.

Chas.