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I take it the ban on guns in schools extends to the physical building, premises, regardless of whether or not school activities are then taking place or the premises is then being used for a non-school purpose or activity.

I was at a school last night. No students or teachers or school activities were occurring. The occasion was a band rehearsal, nothing to do with the school other than in their building.

Tonight the Homeowner's Association here is having the annual meeting at a nearby school. I assume the bans on possessing guns pertains to this as well.

Any insights on this?

Grounds are only off limits while there is a school sponsored activity in progress, but unless you have written permission, or there is a written policy allowing it, school buildings are off limits for CHL 24*7.

The sidewalk leading up to the front door is legal to carry. Entering the building is not. It does not have to be a roofed structure. A stadium is off limits. A wide open football field is likely OK to carry if unoccupied after school hours, but not if athletes are practicing. Our local district has a joint medical clinic with the city. City owns the building, staffing is via school district. 30.06 sign is posted. I doubt the sign is legal, but there is a school sponsored activity in progress (medical care for employees), hence off limits. Inappropriate use of the 30.06 sign is another matter and much discussed.

As stated, a school building is a school building at all times and off-limits for carry without permission from the proper authorities. Many churches and other civic organizations lease school facilities for meeting such as your homeowners association is doing. The fact it is a school building makes carry at those meetings a no-no.

Keith B wrote:As stated, a school building is a school building at all times and off-limits for carry without permission from the proper authorities. Many churches and other civic organizations lease school facilities for meeting such as your homeowners association is doing. The fact it is a school building makes carry at those meetings a no-no.

Not an argument (and one that for sure would be lost on site if made to a responding LEO)
But a question.. What makes a school building.. a school building? Ownership? (city x, ISD Y owns the property)Use? (this building, though owned by HEB is being used for the next 6 months as a classroom, admin building..? sign on the door? and is your answer opinion based, written statute, case law?

Personal opinion only.

If a school or educational institution regularly uses a building, it always falls within the scope of this unconstitutional law. If they rent it twice a year for school formals, it's not tainted the rest of the year.

Tic Tac wrote:Personal opinion only.

If a school or educational institution regularly uses a building, it always falls within the scope of this unconstitutional law. If they rent it twice a year for school formals, it's not tainted the rest of the year.

The good thing about CHL holder's is we commit very few crimes. The bad thing about this is there is very little case law to go on. We are ALL giving our opinions unless there is precedent. This is my opinion:

A school building owned by a district or private school is ALWAYS a school and the rules ALWAYS apply. A building not owned by the school (public or private) can sometimes be a school and sometimes not. My Church has a preschool that has a kindergarden in it, therefore I believe I can't carry in that building when the school is in session. The rest of the time, the classrooms are used for Sunday School/Church meetings etc. and I do carry there. Our Church Sancturary is used by the local high school for choir concerts. There are many other rooms in this same building. If I go to one of the other rooms and have no intention on going to the concert, I will carry, but if a concert is happening in the Sanctuary and I am going to the concert, I will not carry. The law is very gray in these circumstances and let your judgement be your guide.

I know this is very simplistic, but works for me...when in doubt, I don't carry or don't go in.

howdy wrote:

Tic Tac wrote:Personal opinion only.

If a school or educational institution regularly uses a building, it always falls within the scope of this unconstitutional law. If they rent it twice a year for school formals, it's not tainted the rest of the year.

The good thing about CHL holder's is we commit very few crimes. The bad thing about this is there is very little case law to go on. We are ALL giving our opinions unless there is precedent. This is my opinion:

A school building owned by a district or private school is ALWAYS a school and the rules ALWAYS apply. A building not owned by the school (public or private) can sometimes be a school and sometimes not. My Church has a preschool that has a kindergarden in it, therefore I believe I can't carry in that building when the school is in session. The rest of the time, the classrooms are used for Sunday School/Church meetings etc. and I do carry there. Our Church Sancturary is used by the local high school for choir concerts. There are many other rooms in this same building. If I go to one of the other rooms and have no intention on going to the concert, I will carry, but if a concert is happening in the Sanctuary and I am going to the concert, I will not carry. The law is very gray in these circumstances and let your judgement be your guide.

A school with several hundred students leases our churches facilities during the week. The CHL question came up and we had our lawyers review the matter. In their opinion based on legal review and conversations with DPS the facilities are only considered a school during regular school hours per the lease. Of course if you are attending a school function the location is immaterial. It was also the legal opinion that during summer months the only place in the building off limits were the school offices as the offices were the only portion of the building covered by the lease during that time.

Thanks, I wondered where the conditional/hours part came in... And I recognize the "opinion" part...

cb1000rider wrote:Thanks, I wondered where the conditional/hours part came in... And I recognize the "opinion" part...

Yep, Doctors practice and lawyers give opinions.

jmra wrote:

cb1000rider wrote:Thanks, I wondered where the conditional/hours part came in... And I recognize the "opinion" part...

Yep, Doctors practice and lawyers give opinions.

And doctors charge fees and lawyers billable hours.