What is a school?

CHL discussions that do not fit into more specific topics

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KD5NRH
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Re: What is a school?

#16

Post by KD5NRH »

A large group of aquatic animals, especially fish, swimming together; a shoal.
So, unless you're scuba diving, you should be safe :biggrinjester:

AustinBoy
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Re: What is a school?

#17

Post by AustinBoy »

What about a school district Administrative office?

Ty
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TSRA - Life Member

Sewer_Ice
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Re: What is a school?

#18

Post by Sewer_Ice »

Keith B wrote:
Big Tuna wrote:
Keith B wrote:However, the law only prescribes to primary and secondary schools, and only in the buildings or a school sponsored activity (more debate what that really is later).
So why do we need a campus carry bill if college students can carry legally now? Was it just to override school policy like the parking lot bill would override company policy?
Sorry, colleges are also included for Texas CHL, but not in the Federal Gun Free School Zone Act.

Are you sure about this? My CHL hasn't come in yet, and when I go to school I leave my gun @ home because I figured it was apart of the same federal law. Is there a place where I can view this?
AustinBoy wrote:What about a school district Administrative office?

Ty

This is included, in both federal and state CHL laws. It's any school owned and operated premises, where premises is a building or part of a building.

Until I get my CHL, I have a hard getting anywhere, school along the road one exit, administration building, AND a storage facility they use space in.
I only know of the storage facility because there was an incident in high school where some students bought alcohol from the gas station between the admin building and the storage... Same penalties as if they bought the alcohol on campus.
The Statues state that any premises used or leased for school activities counts.

srothstein
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Re: What is a school?

#19

Post by srothstein »

Sewer_Ice wrote:This is included, in both federal and state CHL laws. It's any school owned and operated premises, where premises is a building or part of a building.

Until I get my CHL, I have a hard getting anywhere, school along the road one exit, administration building, AND a storage facility they use space in.
I only know of the storage facility because there was an incident in high school where some students bought alcohol from the gas station between the admin building and the storage... Same penalties as if they bought the alcohol on campus.
The Statues state that any premises used or leased for school activities counts.
I am not as sure as you that an administrative office is included. The problem you might have in clarifying this is that different statutes define the school grounds different ways. For example, the federal gun free act makes it illegal to have a firearm on public property within 1000 feet of a school. This includes all of the grounds around most schools and even ground off the school. But the code we need to worry about is the Texas Penal Code and it states a school or educational institution. The administrative center is not a school. It is debatable either way if it is an educational institution (the primary purpose of the activities in this building being administration and not education) even though it is related to education.

So, instead of the administration center, lets look at a different building to see if it would be covered. One example is the Small business Development Center that UTSA runs. It is located (last time I looked anyway) on the old Kelly AFB, well away from any of the school campuses frequented by students. It is not a school and has nothing to do with education as the term is generally used. Since it is still state property, I would guess that it is legal to carry there and a 30.06 sign would be null and void. Of course, knowing the average school administration, I am sure UTSA would argue with me about that and claim the law does apply. We have had this same debate in here about hospitals that are affiliated with schools. Are the hospitals part of the school? What about the medical office buildings owned by the hospital but separate (leased out to various doctors, etc.)?

And, to be fair, I cannot say for sure that the law does not include the administrative office, the hospital, and even the medical office buildings, as part of the school. I do not think they are, but that would only help if I were the officer that showed up to handle the call. This is why I would like to get a clear definition in place of the current one. I like the idea of substituting "public or private primary or secondary education institutions" but I think it has a snowball's chances in July in South Texas.
Steve Rothstein
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