CHL and picking your kids from school

[jester]

Does the law differentiate between a public and private school? I would think they are both statutorily off limits and neither requires a 30.06.

I agree for buildings both are off limits. However, a private school could post a 30.06 sign at the front gate and make the parking lot and grounds off limits.

[KFP]

A public school district (Plano for instance) can post their parking lots. A person would not be in violation of the law if they carried past it (assuming TX CHL), because it is a government entity.

A private school could post their parking lot and that same person carrying past the sign would be guilty of a Class A misdemeanor.

The premises of both is statutorily off limits. Outside of the premises, depends on who owns the property - the school or the taxpayers.

[A-R]

OK. Continuing on the same subject. What about carrying in a private daycare that has infants to Pre-K? No 30.06 is posted.

A daycare center is a business, not a school.

But some daycares (including the one where my two children go ) also teach accredited private Kindergarten in addition to infant-thru-Pre-K age groups. This, in my non-legal opinion, is why I cannot carry into my kids' daycare.

[Zoti]

This so frigging confusing. Is there a state hotline fir questions like that?

[A-R]

This so frigging confusing. Is there a state hotline fir questions like that?

If it's a school K-12 or college, public or private in either case, then don't walk into the PREMISES (building). Parking lot OK unless posted 30.06

if it's infant-thru-Pre-K, that's a very gray area in my non-legal opinion ... the term "school" as applies to CHL is not defined in statutes. Parking lot should still be ok regardless, but premises? I dunno - I personally would not.

If you see a 30.06 sign posted in the parking lot of a private institution of any kind, avoid the parking lot (still some debate on this, but don't want to confuse you).

If you see a 30.06 sign posted in the parking lot of a public school, you should be OK to carry in car or parking lot because of the exception noted in 30.06(e). \

In all scenarios just remember, even if you're "right" you may beat the rap but not the ride.

[Zoti]

Yeah. I know. I have no intention to
Go for a "ride" in the back of a patrol car.

I'm trying to figure it out to prevent problems. If someone posts a 30.06 sign I respect it even if it is not completely legal. I'm not going to measure the letters to make sure they are 1" tall.

I do think that all off limit premises as defined by law should be forced to present the 30.06 sign so there is no confusion. So if the daycare is off limits by law then they should be required to present the sign.

[Dragonfighter]

The private academy where my kids attend allows weapons and is granted specific permission from the administrator. Of course, I am the administrator and uh, one of the teachers...financial officer too I guess

Home school rocks!

[TexasGal]

Don't forget you can't attend your child's outdoor school football game while armed. School sponsored events are off limits. I was told by my CHL instructor ( A Fort Worth police officer) I could walk across the grass around the buildings of my kid's public school all I wanted unless the cheerleaders were out there having a fund raiser on the lawn (a school sponsored activity). It is really frustrating trying to keep it all straight and I doubt all the officers out there have it straight either. In the case you come across one of them, you might be arrested falsely and have to sort it out legally.

[The Badger531]

Ok i Have a Question,
My GirlFriend is a school Teacher in Texas and the school where she teaches is NOT posted and the school was just built so can she LEGALLY carry her Weapon into the school?..from what i (WE) understand it is a YES and with her being a teacher (FOR SECURITY REASONS) i CAN'T / WON'T GIVE HER NAME ON HERE Sorry for the caps but we just wanna make sure she doesn't lose her job over this and it's kinda funny cause she's talked to 2 different cops on this issue and they BOTH have different opinions on if she can or can't carry into the school any advice on this matter would be most helpfull.

The Badger531

[Purplehood]

Ok i Have a Question,
My GirlFriend is a school Teacher in Texas and the school where she teaches is NOT posted and the school was just built so can she LEGALLY carry her Weapon into the school?..from what i (WE) understand it is a YES and with her being a teacher (FOR SECURITY REASONS) i CAN'T / WON'T GIVE HER NAME ON HERE Sorry for the caps but we just wanna make sure she doesn't lose her job over this and it's kinda funny cause she's talked to 2 different cops on this issue and they BOTH have different opinions on if she can or can't carry into the school any advice on this matter would be most helpfull.

The Badger531

As far as I know she can carry only if the School District authorizes it. Very few in Texas do.

[longtooth]

School does not have to post the building. It is off limits. She cannot carry by law unless given written permission from the Superintendant.

[SpringerFan]

I remember my CHL instuctor said "if you are staying in your car, like just dropping your child off, no worries. If you have to get out of your car for any reason on school property, disarm." However, that is more like a good rule of thumb rather than the actual rule.

[hirundo82]

Ok i Have a Question,
My GirlFriend is a school Teacher in Texas and the school where she teaches is NOT posted and the school was just built so can she LEGALLY carry her Weapon into the school?..from what i (WE) understand it is a YES

NO, unless you are given express written permission or or the written policies of the policies of the school explicitly say it is OK to carry then a CHL holder commits a 3rd degree felony by carrying on the premises (ie in the building) of a school.

[KD5NRH]

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

(B) Subparagraph (A) does not apply to the
possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located
or a political subdivision of the State, and the law of
the State or political subdivision requires that, before
an individual obtain s such a license, the law enforcement
authorities of the State or political subdivision verify that the
individual is qualified under law to receive the license;

Don't forget:
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that
the individual knows, or has reasonable cause to
believe, is a school zone.

So, you could go dig up some Texas iron ore, smelt it, make a few nice billets, carry them over to Bond Arms, get a derringer made...and give the Supreme Court another shot at Wickard v Filburn.

[hirundo82]

So, you could go dig up some Texas iron ore, smelt it, make a few nice billets, carry them over to Bond Arms, get a derringer made...and give the Supreme Court another shot at Wickard v Filburn.

No, because getting a gun made in Texas from Texas materials on equipment made in Texas might cause you to not purchase a gun made in another state, therefore it would be still affecting interstate commerce. Plus that gun might have affected interstate commerce by causing you to purchase ammo made in another state...

No kidding, that's pretty much the reasoning SCOTUS adopted in Gonzales v. Raich.