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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???

I can't cite it, wish I could, but I think home schools are a different classification and do not qualify as a "school" in the off limits sense of the word.

Home schooling a child does not make the home a school.

Kythas wrote:Home schooling a child does not make the home a school.

Actually it does. In Leeper v. Arlington the ruling said (and I am paraphrasing) "That home schools are private schools and as such are not regulated by the State of Texas." What the landmark decision did was establish the legitimacy of home schools as meeting the requirements of the compulsory attendance laws and their legitimacy of meeting academic requirements for continued studies on a collegiate level. In Texas one does not have to have a diploma (though a lot of us issue them) or a GED but simply pass the SAT or similar tests. Follow up cases made it illegal for colleges to require a higher passing standard for home schooled students. UC Berkley in their 2005-2006 enrollment year enrolled home schooled students at a ratio of 2:1.

So on to the gun issue. As a homeschooler, you are teacher, principal and administrator and are not subject to the rules of the school district you reside in. IF, and this is a big IF, someone attempted to make an end run based on firearms in the home, as administrator you have the authority to grant that weapons be allowed on your "school". In our case firearms safety and competency are a requirement in our curriculum.

Two great resources are:
Texas Homeschool Coalition
AND
Homeschool Legal Defense Association

Dragon has it exactly right and firearm safety has been a required course in our homeschool also.

I have one graduate and one highschool junior.

Dragonfighter wrote: In our case firearms safety and competency are a requirement in our curriculum.

Agree 100% As a homeschooled kid myself, my dad took the time to make sure were were proficient and safe with firearms. He also attended hunter's education with my brother and I. Now, if only he would have bought us the lifetime hunting/fishing license back in the '80s when it was cheap!

as administrator you have the authority to grant that weapons be allowed on your "school".

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".

TexasGal wrote:

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".

That can't be right... How are you supposed to know their house is off-limits if they don't happen to tell you that they homeschool?

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

Dave2 wrote:

TexasGal wrote:

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".

That can't be right... How are you supposed to know their house is off-limits if they don't happen to tell you that they homeschool?

I don't go into very many people's homes, but I do know that none of them home school. Not being able to enter armed without permission does kind of make sense in this situation, too me at least.

where did you ever hear or read that you have to issue "written" permission for someone to carry into a homeschool? I'd like to read that.....

if that's the law several of my friends have been carrying illegally in my homeschool.....and I in theirs....

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.

this goes back to the basics of carrying into someones home

1. concealed is concealed
2. know the person
3. when in doubt, refer to #1.

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.

SewTexas wrote:this goes back to the basics of carrying into someones home

that, legally, is considered a private school by the state of Texas.

That's not a very good idea. This is all very similar to the discussion about someone going to a friend's house and taking their gun out to show it to their friend. While, technically illegal, who's going to tell?