Another 30.06 Scenario

[gdanaher]

*Building used as a medical clinic and pharmacy jointly by the local ISD and the city government
*No meeting rooms or room for instruction.
*Tax appraisal district shows that the city owns the building.
*Employees are hired and paid/checks cut by the ISD.
*Employees wear ISD badges.
*Properly sized 30.06 sign on window next to entrance.

I presume the language of the law might imply that this is a school activity, hence no ccw.

Legal? Thoughts?

[RPB]

*Building used as a medical clinic and pharmacy jointly by the local ISD and the city government
*No meeting rooms or room for instruction.
*Tax appraisal district shows that the city owns the building.
*Properly sized 30.06 sign on window next to entrance.
I presume the language of the law might imply that this is a school activity, hence no ccw.

Legal? Thoughts?

What I'm seeing based solely on that info is it's a city building where 30.06 signs have been posted improperly, that the school uses.


For what use?
Administration/storage/Basketball?

Small school district using city gym?

Perhaps city leases/rents the city owned property to the school?

Where do you get that it's jointly owned?

[Hoosier Daddy]

The answer depends if it's a school or a medical clinic.

[C-dub]

Don't think it is a "school", but I also don't know where school administrative offices fall in that realm to know if they count or not.

[gdanaher]

The clinic treats employees of both the ISD and city as well as dependents. There might be a leave deal that is not reflected in the ownership records. If it is 'school property' the purpose of the building is totally unrelated to instruction. Someone spent some good money to get the signage right!

[gdanaher]

The answer depends if it's a school or a medical clinic.

It's a medical clinic, operated by a school....!

[RottenApple]

I'm a little confused. Why does everyone seem to think that ISD offices are off limits? As long as he offices are not located on prohibited property (such as a school or court building), I don't see that there's an issue. And yes, I realize there is no case law on the issue.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution

;

[Divided Attention]

Am I missing something - or does the 30.06 not trump all?

[RottenApple]

Am I missing something - or does the 30.06 not trump all?

Nope. Except for limited exceptions (government meetings, for example), government property cannot be posted 30.06. Or, more correctly, 30.06 signs on government property are invalid. Some government property, like courthouses, are statutorily off limits and don't require 30.06 signs. But in general, 30.06 is meaningless on government property.

[gdanaher]

I'm a little confused. Why does everyone seem to think that ISD offices are off limits? As long as he offices are not located on prohibited property (such as a school or court building), I don't see that there's an issue. And yes, I realize there is no case law on the issue.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution

;

Exactly. But in the absence of case law I am assuming that when the law says "any grounds or building on which an activity sponsored by a school or educational institution is being conducted".....means just that, and the definition of a school likely includes the ISD offices, and any other physical structure owned by the ISD, even if it isn't used for instruction. I don't think this is as clear cut as the legislature would have wanted.

[C-dub]

I'm a little confused. Why does everyone seem to think that ISD offices are off limits? As long as he offices are not located on prohibited property (such as a school or court building), I don't see that there's an issue. And yes, I realize there is no case law on the issue.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 don't know if they are or not. They could be considered part of an educational institution.

[RottenApple]

I'm a little confused. Why does everyone seem to think that ISD offices are off limits? As long as he offices are not located on prohibited property (such as a school or court building), I don't see that there's an issue. And yes, I realize there is no case law on the issue.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 don't know if they are or not. They could be considered part of an educational institution.

Without a legal definition of "educational institution", I believe (IANAL) the court is required to use the common meaning. That would mean that ISD offices would not qualify. I'd like to hear JALLEN or Charles' opinion on this one.