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Carry in a Public Library with a twist

Posted: Sat Mar 03, 2007 10:14 pm
by XDgal
I know that goverment owned entities ie: Public Libraries, can not prohibit CHL's from carring, but here's the twist. This last year the city of Dallas built a much needed new building for my local branch, but to save costs, they built it and a new Elementery School on the same property and are using it as the school library. They are conected by a glassed in corridor between the two. Does this make it a part of the school premises, and thus off limits? Or would it be off limits only during school hours? Or not at all? I'm looking forward to your opinions. Thanks.

Posted: Sun Mar 04, 2007 11:22 am
by stevie_d_64
This is an interesting situation...

One section being a city owned and operated facility, protected by SB501 provisions, yet yoou cross through a door into a "school" facility restricted by wording in the law itself...

I used to think that is one part of the structure was prohibited, the whole structure was off-limits...

We've had this type of discussion here many times...

But to have one part restricted by the law, and the other part un-restricted by a clarification of the law...

I'm kinda torn...

I'm sure the cut-'n-paste'rs and lawyers will be in here later to argue the points...

As for me...Well...I'd probably err on the side of "no", and find another place that wasn't so in the "gray"...

But since I figure its convienient for you to go to this place, I'd have to say I'd lock it up, and proceed with my business...Sorry...

Posted: Sun Mar 04, 2007 12:09 pm
by KBCraig
My take is this: so long as the public can enter freely without following school rules ("All visitors must report to the office and sign in", etc.), it's a public building under SB501.

But... any time that school kids are free to enter from the adjoining door, it could be reasonably argued that "school activities" are taking place there, making it off limits.

I wouldn't be the test case during school hours. The rest of the time? No problem.

Kevin

Posted: Sun Mar 04, 2007 11:53 pm
by iredwing
I would not want to be the test case for this one either. For me, I would have to play it safe on this one and not carry.

Also, understand that I do not have my CHL yet, so I am only saying what I would do. :smile:

John
IRedWing

Posted: Mon Mar 05, 2007 8:03 am
by chewy555
As for me, I would have to say lock it up during school hours. But other times carry. This is just what I would do.

Posted: Mon Mar 05, 2007 11:21 am
by stevie_d_64
KB and Chewy brought up a good point about the actual "time" that you carry in that facility...

But I would still be cautious about this...

I would also state the obvious, that if its concealed, and there appears to be some conflict within the confines of this situation, who would really know and object??? As long as you don't go into the "school" portion of the building, and the library is made available to the general public...

I could flip a coin, but I'll still err on the side of "no" in this case...Depends on how much of a big deal I want to make of it... ;-)

This is actually a great situation/topic to discuss...

Visitor?

Posted: Mon Mar 05, 2007 12:55 pm
by Boxerrider
Every school I know of currently requires all visitors to check in and wear some sort of visitor badge. My thought is that if you must sign it to visit the school but not sign it to enter the library you are OK to carry.
Is there a door, sign, turnstile, person at a desk, or anything to notify you of the boundary between the public and school areas?

Enjoy!

Posted: Mon Mar 05, 2007 1:08 pm
by casselthief
I would think there would have to be some kind of discernation between the two, school & library. otherwise, what's the point of having a security check at the front door! :lol:

Posted: Tue Mar 06, 2007 11:28 pm
by XDgal
Thanks for the replies. I think this is one of those pesky grey areas that are always popping up in the laws! I guess I'll just go when school is not in session or lock it up in the vehicle when school is in session.

Posted: Fri Mar 09, 2007 10:45 am
by kauboy
Actually, I don't think its gray at all.
The law eludes that a governmental entity cannot post a 30.06 sign and it be valid(which isn't the case so that doesn't apply), but a school is off limits no matter what. So I'd have to say that this situation is one where the heat stays in the car.

Look at it this way. If there were an adjoining door to a courthouse that lead into a Dunkin' Doughnuts because the judge likes his breakfast to be close at hand, that place would be off limits. The business doesn't have to post since there is an adjoining entrance through to the courthouse.

Since the facility is connected with an adjoining door, a reasonable person would consider that to be part of the entire building. Remember, we are dealing with "reasonable" people. Not always the same as "sane". ;-)