School definition/carry

[kevin1]

I know you can’t carry in schools. But I’m a little confused as what the definition of school is.
Is it just k12?How about pre-K or day cares? What about schools of ballet, art, etc… (assuming no 3006/07 signs)?

[o b juan]

The Law says public or private

[ELB]

The Penal Code, Chapter 46 Weapons, has a definition in a section about penalties for weapons offenses in a school zone. PC 46.11 (c)(2) says:

"School" means a private or public elementary or secondary school.

PC Chapter 28 has the same definition in a section on Graffiti.

In PC Chapter 71 Organized Crime, Section Sec. 71.028. GANG-FREE ZONES. (a) (1) says:

"Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.

Going to Section 481.134 Drug Free Zones, it says:
"

School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.

Going to Human Resources Code 42.002, it does not define school, only "day-care center."

"Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Those are all the formal definitions of "school" that I can find in the Penal Code. The PC does use language like "primary or secondary school," or sometimes "elementary or secondary school" to differentiate from "institutions of higher educations" (e.g. colleges and universities).

I'm sure the Education Code has something about defining "school" but searching that code is too daunting a task for me to undertake.

I did not see the work "kindergarten" or "kindergarden" anywhere, altho I didn't search specifically for it.

I hope this helps, but maybe not.

I'm sure there are a dozen threads on this already, but good luck searching them out.

ETA: I meant to mention I did not see any reference to "ballet schools" or "karate school" anything other than what I would take to be a "regular" elementary/primary or secondary/high school.

[bdgyeah]

Curious.......After reading the definition of a Day Care....then? I take my children to a Church that offers a "Mom's Day Out" program. Not technically day care, but fits the prior posts definition of one. Since it is a church, they have 30.06 posted at the entrance to the chapel and also the entrance of the "school". I CC past that sign twice a week. Since there is no 30.07, am I wrong in assuming CC is allowed?

[kevin1]

The Penal Code, Chapter 46 Weapons, has a definition in a section about penalties for weapons offenses in a school zone. PC 46.11 (c)(2) says:

"School" means a private or public elementary or secondary school.

PC Chapter 28 has the same definition in a section on Graffiti.

In PC Chapter 71 Organized Crime, Section Sec. 71.028. GANG-FREE ZONES. (a) (1) says:

"Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.

Going to Section 481.134 Drug Free Zones, it says:
"

School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.

Going to Human Resources Code 42.002, it does not define school, only "day-care center."

"Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Those are all the formal definitions of "school" that I can find in the Penal Code. The PC does use language like "primary or secondary school," or sometimes "elementary or secondary school" to differentiate from "institutions of higher educations" (e.g. colleges and universities).

I'm sure the Education Code has something about defining "school" but searching that code is too daunting a task for me to undertake.

I did not see the work "kindergarten" or "kindergarden" anywhere, altho I didn't search specifically for it.

I hope this helps, but maybe not.

I'm sure there are a dozen threads on this already, but good luck searching them out.

ETA: I meant to mention I did not see any reference to "ballet schools" or "karate school" anything other than what I would take to be a "regular" elementary/primary or secondary/high school.

Thanks ELB. Since we are talking about weapons only, I think it's safe to assume that the penal definition would apply. That would be only elementary or secondary school. This means only k-12. Therefore day care/ pre K (and obviously ballet/art schools) should not be concerned.

[LucasMcCain]

Curious.......After reading the definition of a Day Care....then? I take my children to a Church that offers a "Mom's Day Out" program. Not technically day care, but fits the prior posts definition of one. Since it is a church, they have 30.06 posted at the entrance to the chapel and also the entrance of the "school". I CC past that sign twice a week. Since there is no 30.07, am I wrong in assuming CC is allowed?

30.06 signs prohibit concealed carry. If you've been carrying past one, you've been breaking the law. 30.07 prohibits open carry.

Churches are not prohibited places by statute, but may post signage if they wish to prohibit licensed carry. There is no law restricting carry in a day care, but many have rules against it, and the daycare licensing organization is heavily opposed to carry from what I've read. Hope this helps.

[gthaustex]

Curious.......After reading the definition of a Day Care....then? I take my children to a Church that offers a "Mom's Day Out" program. Not technically day care, but fits the prior posts definition of one. Since it is a church, they have 30.06 posted at the entrance to the chapel and also the entrance of the "school". I CC past that sign twice a week. Since there is no 30.07, am I wrong in assuming CC is allowed?

Yes. You are wrong if they have 30.06 posted and you are carrying past it at a place of worship.

For many people, even though they attend a church, if it isn't posted, subsection (i) of PC 46.035 gets around carrying there as it exempts one if it isn't posted. However, if it is posted, carrying past it at a place of worship is a Class A misdemeanor since a place of worship is on one of the magical laundry lists of places to know.

[ELB]

Curious.......After reading the definition of a Day Care....then?

Addressing only the issue of "day-care", note that the definition that included them in "school" was in a section of the law dealing with "Drug Free Zones" not carry licenses or weapons. I do not think one could rationally argue that "day-care" is what is meant by "school" when reading the restrictions on where one can exercise licensed carry. (Of course that doesn't mean one can't irrationally argue the point...)

As far as the other part of your question...I am a bit confused. Did you happen to type 30.06 when you meant 30.07 and vice versa?

[bdgyeah]

Sry mis typed it. 30.07 on the outside of church. No 30.06. Question still remains.

[MeMelYup]

Sry mis typed it. 30.07 on the outside of church. No 30.06. Question still remains.

They are being nice to you and saying keep it concealed by using only the 30.07.

[Mike S]

Sry mis typed it. 30.07 on the outside of church. No 30.06. Question still remains.

CC inside the church isn't an issue (provided it's only posted 30.07, and you haven't been otherwise given notice that it's not allowed). However, you also mentioned the part that's a "school" (your quotation marks, so I'm going to assume it's an actual school as defined in the previous post above. Some churches have an actual school in them/out building/etc). If it's an actual school (as opposed to Sunday School...) it doesn't require a 30.06/30.07 as it's already a prohibited place. The law requires that you have written permission to CC there.

There's at least one older thread on this forum regarding the 'church school ' question.

[locke_n_load]

Texas Penal Code chapter 46 (weapons) does not reference "schools", it states "education institution", FYI, so I'm not sure that the definition hunt for "school" really means much here.

(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...

[ELB]

Texas Penal Code chapter 46 (weapons) does not reference "schools", it states "education institution", FYI, so I'm not sure that the definition hunt for "school" really means much here.

(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...

Well, since it does say "school" just ahead of and in addition to "educational institution", I think the definition is a player...

[locke_n_load]

Texas Penal Code chapter 46 (weapons) does not reference "schools", it states "education institution", FYI, so I'm not sure that the definition hunt for "school" really means much here.

(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...

Well, since it does say "school" just ahead of and in addition to "educational institution", I think the definition is a player...

My apologies... but I would think that a lot of places that aren't actually schools try to pass as "educational institutions, and since that isn't defined anywhere, looking up definitions for schools is kind of moot. But yeah I look pretty dumb there...

[Ericjd0887]

The day care my child goes to has a 30.07 sign posted. Big letters and all at the front window. So I'd assume daycares aren't considered a "school"