School / Church Question

[RJGold]

Good morning.

I know I can't carry in a school. Does that prohibition only apply when the school is in session or does it apply to the buildings all the time?

For example, if a Church meets in the school on Sundays, can I carry at "Church"?

[Keith B]

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

[Glockster]

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

Always wondered why that is - meaning that if they have other exceptions which only apply when the space is being used as it is, why they didn't apply the same for school premises as they get used during summer for lots of non-school related activities.

[goose]

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

Always wondered why that is - meaning that if they have other exceptions which only apply when the space is being used as it is, why they didn't apply the same for school premises as they get used during summer for lots of non-school related activities.

I suspect that it is because of the grey area an weekday evening might provide for. Sunday morning is easy. It should only be a Church. But Thursday early evening (as an example), is it still a school or is it now only a Cub Scout meeting house? Is a teacher staying late with a student helping with tutoring? etc, etc. (discussions of GFZ's aside)

[RJGold]

Thanks Keith...

I was afraid of that...

[Keith B]

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

Always wondered why that is - meaning that if they have other exceptions which only apply when the space is being used as it is, why they didn't apply the same for school premises as they get used during summer for lots of non-school related activities.

It's because the of the way the law is written and worded. It states 'on the premises' and 46.035 defines premises as

(3) "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.

So, the school 'building' is always a school building, no matter what it is being used for because it is owned by the school district.

[Glockster]

A school building or 'premises' is always a school, no matter what is occurring. So no, you can't carry if they are using the school building for church services.

Always wondered why that is - meaning that if they have other exceptions which only apply when the space is being used as it is, why they didn't apply the same for school premises as they get used during summer for lots of non-school related activities.

It's because the of the way the law is written and worded. It states 'on the premises' and 46.035 defines premises as

(3) "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.

So, the school 'building' is always a school building, no matter what it is being used for because it is owned by the school district.

I see, thanks for the explanation!

[twomillenium]

A building owned by a school district does not necessarily make it a school.

[Abraham]

twomillenium,

Please elaborate as I've no idea of how that would come about?

Thanks!

[txglock21]

twomillenium,

Please elaborate as I've no idea of how that would come about?

Thanks!

I don't want to speak for twomillenium, but one example I can think of is the Cullwell events center in Garland where the GPD killed the two trying to get inside. It is owned by the GISD, but not a school. It IS posted 30.06 though.

[SewTexas]

one day, when I'm incredibly wealthy, I'm going to buy empty buildings and outfit them for "starter" churches to rent them.

Then during the week they can be "sub-divided" for mini offices or even class-rooms for homeschool co-ops....

[mloot]

I have a similar question. I go to church that also includes a church school in the same building. From what I have gathered, the church owns the building and that is its main purpose and the school is an off-shoot of the church. I don't carry there if I happen to stop by on a weekday (my wife is employed there), but I am unsure of the legality of concealed carry there when school is out or on weekend functions other than church services. The premises do not have any signs posted (30.06 or 30.07).

[Saulnier]

A clear answer on this would be great. I am on staff at a church that also has a private school. (in church owned buildings) The school functions as a ministry of the church including tax ID.

I have spoken with 2 different folks in the county prosecutors office and district attorneys office and they refuse to give an opinion official or even off the record.

As of this point we have purposely chosen not to give an opinion as a church.

Saulnier

I have a similar question. I go to church that also includes a church school in the same building. From what I have gathered, the church owns the building and that is its main purpose and the school is an off-shoot of the church. I don't carry there if I happen to stop by on a weekday (my wife is employed there), but I am unsure of the legality of concealed carry there when school is out or on weekend functions other than church services. The premises do not have any signs posted (30.06 or 30.07).

[Saulnier]

Anyone?

[Keith B]

A clear answer on this would be great. I am on staff at a church that also has a private school. (in church owned buildings) The school functions as a ministry of the church including tax ID.

I have spoken with 2 different folks in the county prosecutors office and district attorneys office and they refuse to give an opinion official or even off the record.

As of this point we have purposely chosen not to give an opinion as a church.

Saulnier

I have a similar question. I go to church that also includes a church school in the same building. From what I have gathered, the church owns the building and that is its main purpose and the school is an off-shoot of the church. I don't carry there if I happen to stop by on a weekday (my wife is employed there), but I am unsure of the legality of concealed carry there when school is out or on weekend functions other than church services. The premises do not have any signs posted (30.06 or 30.07).

Depends. If the school is a Pre-K - 12 accredited school, then it will be off limits for carry unless the administration (superintendent/board) approves it. Now, as for when it's off limits, it will depend on if the area the school uses is dedicated or multi-use. If dedicated, then it is only a school and that area would be off-limits (without appropriate permission) for carry at all times. If it's multi-use (church part-time/school part-time) then it would be off-limits when any school function is being held.

Now, to caveat, this is only my opinion and may not hold up in a court, but I believe that would be my reasoning for allowed or not and would be my line of defense if needed for court.