TexasCHLforum.com

TexasAggie2006 wrote:I think I will try and speak with the head librarian. Since my status still says "packet mailed to applicant" I guess I have plenty of time to try and get it resolved before the plastic gets here.

Thanks again everyone!

If you get a response that "no guns" means CHLs also, let me know and I'll tell you how to send an Open Records Request they won't like.

Chas.

Caveat: There is no case law on this issue.

This issue comes up periodically. As noted, there is no case law on the issue of whether school sponsored activities conducted off-campus render such locations off limits to CHLs. However, it is my opinion that TPC §46.03(a)(1) makes it clear that the "grounds" or "building[s]" where the school sponsored activities are conducted must be owned by the school. There are at least two justifications for this position. First, everything in §46.03(a)(1) deals with school property. This is shown by the phrase "of a school or educational institution" and by reference to "a passenger transportation vehicle of a school or educational institution." If a teacher put her class on a city buss to go to the library, the activity would be school sponsored, but the buss would not be "a passenger transportation vehicle of a school," thus it would not be off limits to CHLs.

More importantly, all of the prohibitions can be waived by a school, as evidenced by the provision "unless pursuant to written regulation or written authorization of the institution." Schools clearly do not have the authority to authorize the carrying of firearms on property they do not own, so they would not be able to authorize anyone to carry a gun into a public library. Nor would a school have the authority to allow someone to carry a gun into a private restaurant, if the school sponsored activity included lunch at such a location. The only way this closing phrase can be meaningful is by reading §46.03(a)(1) to apply only to property owned by the school. The rules of statutory construction require that statutes be read in such as way as to give meaning to every provision, unless this is impossible. Every provision in TPC §46.03(a)(1) can be harmonized, but only by applying it solely to property owned by the school.

Chas.

TPC §46.03 wrote:Sec. 46.03.AAPLACES 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;

TexasAggie2006 wrote:Ok, so I called them and I think the receptionis fell out of her chair when I asked my question. She put me through to the security guard who told me that "weapons aren't allowed here." So I confirmed again that the building is owned by the city and she said yes. Then I asked if there was a reason they were able to restrict CHLers that I wasn't aware of or if it was just that they don't want weapons on the premises. She said they don't want weapons on the premises and that guns were prohibited on city property, CHL or not.

She was nice and was just a security officer, not a LEO so I just got the name of someone higher up to speak with and told her appreciated her help.

I dont' think I want to be the guniea pig for that! I don't have my plastic yet so I would get the ride and the rap for carrying period!

The security guard is wrong and her opinion matters not. It is not illegal to carry in a city-owned library. As for "taking the ride," every LEO knows or should know that he/she cannot make a good faith arrest for something that is not illegal. Doing so subjects the officer and their agency to a Section 1983 civil rights suit.

Chas.