Search found 7 matches

by jmra
Fri Mar 13, 2015 9:04 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

cb1000rider wrote:That seems pretty safe if you've asked local authorities...
We have researched the subject thoroughly. We are completely satisfied that our conclusions are accurate. I suggest others who might find themselves in similar situations do as much research as possible and draw their own conclusions.
ETA: IANAL, but the guys who advised us are.
by jmra
Fri Mar 13, 2015 3:32 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

cb1000rider wrote:
jmra wrote: Simple. The way the lease is written it is only a school when it is leased as such. The lease is very specific about days and hours.
So now what's in the lease defines when it's a school? Is that in conjunction with accreditation or not? I mean if it revolves around when school is in session (days,hours, weeks) - then that might open up being able to carry on actual ISD grounds for private events when those facilities are leased out, right? I'm kidding of course, but I find the whole thing confusing and frustrating. I don't trust the opinion of a single attorney on it.

This issue exists at our church. I know of a few people who have asked for and received permission to carry at church from the pastor. I know that doesn't really address the whole "school" issue - but it'd make me feel better if I was one of those people.
Not the opinion of a single attorney. We've had it reviewed by several firms over the years and consulted with local authorities. There is absolutely no doubt that the facilities are only classified as a school per the terms of the lease. Outside of the lease terms the property is owned and completely controlled/occupied by the Church.
by jmra
Fri Mar 13, 2015 12:48 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

cb1000rider wrote:
C-dub wrote: That is an odd scenario and I hope whoever you've been assured by is correct. I would be worried only because of licensing of the school, but I guess it really does depend on who the owner of the property is. I've just never run into a situation like this where a "school" leased space owned by another entity.
A lawyers job is to give you his/her best understanding of the law. I see no exclusion in the law due to hours, although I'd tend to agree with that attorney's interpretation of intent... Just be aware that a legal opinion does not guarantee protection.
Simple. The way the lease is written it is only a school when it is leased as such. The lease is very specific about days and hours.
by jmra
Fri Mar 13, 2015 7:58 am
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

C-dub wrote:
jmra wrote:
C-dub wrote:I'm not sure on this particular situation, but whether or not a school is "in session" makes no difference.
Actually it can make a difference. Our church leases our facilities during the week to a charter school. The lease has been reviewed by legal council several times to determine if CC is legal outside the lease days/hours. We have been ensured that CC is in fact legal outside the leased hours.
Obviously if the property is owned by the school CC is off limits at all times.
That is an odd scenario and I hope whoever you've been assured by is correct. I would be worried only because of licensing of the school, but I guess it really does depend on who the owner of the property is. I've just never run into a situation like this where a "school" leased space owned by another entity.
Actually it is becoming very common as more charter schools enter the picture. Some ISDs are now going the charter school route in order to do the same thing. Leasing property from a church (facilities which in most cases are all but vacant during the week) is much more economically sound than the expense of building facilities that are vacant 180 days a year.
We are very confident that our council is sound. We have had this reviewed extensively as we estimate that on any given Sunday we have hundreds of CHL holders in attendance.
by jmra
Thu Mar 12, 2015 10:49 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

C-dub wrote:I'm not sure on this particular situation, but whether or not a school is "in session" makes no difference.
Actually it can make a difference. Our church leases our facilities during the week to a charter school. The lease has been reviewed by legal council several times to determine if CC is legal outside the lease days/hours. We have been ensured that CC is in fact legal outside the leased hours.
Obviously if the property is owned by the school CC is off limits at all times.
by jmra
Thu Mar 12, 2015 6:39 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

rickg wrote:Church owns property and also operates the school M-F. Sounds like it should be ok as long as the school is not in session and there aren't any school activities happening.
Maybe. All depends on how the church organized the school when they set up everything.
by jmra
Thu Mar 12, 2015 6:28 pm
Forum: General Texas CHL Discussion
Topic: Carrying at church (with a school?)
Replies: 19
Views: 4114

Re: Carrying at church (with a school?)

Depends...who owns the property? If the church owns the property and the school leases from the church and the lease specifies the days and times that the facilities operates as a school then you should be good to carry when the facilities are operating solely in a church capacity. If the school owns the property and the church leases from the school then you can't carry at all.

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