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There ya go. I missed that. What a relief!

I think I'm getting a headache.
Really, this would have to fall into the category of a meteor falling on you before you were charged under this simply because if you have no clue, the arresting officer probably doesn't either (unless it's his house and he's really mad at you)

I home schooled my three children for a year when my youngest was ready for first grade (skipped kindergarten). I am a strong supporter of it. I had to stop due to marital difficulties, but the home school was a resounding success for the kids. When I had to take my youngest to enroll him in public school for the first time, the principal and secretary were treating me like I had ruined him for life. They were wringing their hands and talking about how hard it was going to be to help him "catch up" until I persuaded them to test him. Then the egg on their faces was priceless! He tested halfway through third grade and was reading at the 5th grade level. Then they were sheepishly worried about him being bored.
We did indeed have school outside and away from home regularly. We also had a home class room set up.

While the legal question we have been discussing may never show up in a courtroom, it's been interesting to explore the idea. One I have not seen come up before.

The difference is if you are outed, the homeowner can just give you notice to leave if they are uncomfortable. No harm unless you refuse. A home school has a possible legal basis to prosecute under PC 46.03; "...(g) An offense under this section is a third degree felony..."
I know this is all unlikely, but it is good to be aware of. Stranger things have happened.

Since home schools have been judged to be legal private schools, then PC 46.03 applies:

PC §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;

I doubt any home schooler who is ok with it would ever prosecute or call the police, but what about a situation where a home schooler was someone who absolutely did not want anyone armed inside their home and you carried in not knowing that? It may be an unlikely event, but conceivably, it looks like the person could be charged under this law. I have known a couple of home schoolers who would not be amused at all to find out a visitor was armed in their home around their kids without their knowledge or permission. Just things to consider in our complicated world of laws and lawyers.

Well, entering their house armed does seem like they might have an idea what the family was like in most cases. I don't know if ignorance of the fact they homeschool is a defense to prosecution or not. That is a good question for further investigation. This whole thread is one of those what ifs that add an hour onto the chl class anyway

tommyg wrote:I know that home schools are classified as private schools in Texas.
Does the law concerning carry near schoolsapply to a home school???
I have no way of knowing if a neighbor has a son or daughter that is home schooled.
Does anyone of the forum have any info on this???

Not legal advice, just my understanding; Even if your neighbor home schools, you are legal with a CHL to carry within the 1000ft range. You are not legal to enter their house armed unless they issue you written permission to carry in their "school".