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Jim, you make a valid point. But, the lack of a definition within the code doesn't mean that a court/prosecutor won't reach to those areas where those terms have been previously defined and used extensively. Because the term school is not defined as it should be, I attempted to illustrate that when the legislature has attempted to define a school within the terms of the Penal Code, it has included a day care as defined above. With all due respect, while your argument sets up a decent meritorious defense if the situation ever came before a tribunal, who would want to be the trial case that determines whether a day care is included or not? Since there exists precedent for treating a day care as school, a prudent person would be wise to proceed carefully and either ascertain how the facility feels about CCW on their property and get permission, or make very certain it never becomes an issue. I'm not giving out legal advice, just food for thought.

Biga9999 wrote:Curious, the way the law is written, what qualifies as a school?

I believe a Day Care in Texas will be treated as a school if it meets the following:

(7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. Human Resources Code Sec. 42.002

I got to that definition by working through the code as it is referenced under the CCW laws because this would be the penalty for carry in an weapon free school zone:

PC 46.11. PENALTY IF OFFENSE COMMlTTED WITHIN WEAPON-FREE SCHOOLZONE.

(c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code.

Which leads us here:

(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code. Health & Safety Code Sec. 481.134