Page 1 of 1
Another Church Carry Question
Posted: Wed Feb 13, 2008 3:56 pm
by PetrucciFan
Hi All,
This is my first post, but I've been lurking for a while now....sent off my paperwork about 3 weeks ago, but nothing yet. This site is great!
Anyway, I have a church carry question. My church is also a private school during the week. It seems that the general consensus is that I can carry legally on the weekends when it is just being used for church. Now, say I attend a funeral or go to a prayer meeting in the sanctuary during the week while school is in....would I be prohibited from entering then?
I'm unclear because of the definition of "premises" which the handbook defines as a "building or portion of a building. So would I be safe if I didn't go in the "portion" of the building where the school was? I know the general rule is "better safe than sorry," but maybe somebody knows for sure.
Thanks in advance for your input!
Re: Another Church Carry Question
Posted: Wed Feb 13, 2008 4:37 pm
by barres
If the church is licensed as a school, there is nothing that turns that designation off on Sundays (or Saturdays, either). That the building is currently being used as a church and not a school doesn't fly when congregations hold their services at the local elementary school building. I can't see it working in your favor here.
The law makes it clear that carrying on the premises of a school is illegal. Yes, you might be safe under the "portion of a building" reference, but what church school doesn't use the auditorium for chapel, plays, graduation, etc. If the school uses that portion of the building, even irregularly, I would say that carry is off-limits. If I were in your shoes (and I am not a lawyer, so this is only my opinion of what the law says), I would leave the CCW at home or in the car. I wish I had a better answer for you.
Re: Another Church Carry Question
Posted: Wed Feb 13, 2008 5:03 pm
by PetrucciFan
Thanks Barres. While doing some searches on previous posts, it sounded like the consensus was that you can carry to church during the weekend, even if it has a private school during the week......But, your point about holding services at a local public school makes a lot of sense.
In all honesty though, our church has quite a few armed off-duty LEO's during services, so I probably wouldn't carry anyway, but I always want to know "just in case".
Re: Another Church Carry Question
Posted: Wed Feb 13, 2008 5:07 pm
by seamusTX
IMHO, this is one of those gray-area issues. The chance of being prosecuted is minimal, but the offense is a felony if you are found guilty.
There is an escape clause: You can get written permission from the school administration, or the administration can adopt a policy that CHL holders are allowed to carry on the premises.
- Jim
Re: Another Church Carry Question
Posted: Thu Feb 14, 2008 12:44 am
by KBCraig
barres wrote:If the church is licensed as a school....
Private schools aren't licensed in Texas.
Re: Another Church Carry Question
Posted: Thu Feb 14, 2008 7:29 pm
by troglodyte
KBCraig wrote:barres wrote:If the church is licensed as a school....
Private schools aren't licensed in Texas.
I'm not sure how to read this. It may just be semantics. I teach for a private school that is recognized by the State. We are accredited through an organization that is recognized by the State. We are not associated with a church building.
Also, the law states "public and private schools" as off limits.
I don't know how a church day school is "licensed" and/or "accredited". I would think that if it is not an accredited school then it would not be a problem. With the usual IANAL disclaimer.
Our congregation has a "pre-school" that is not accredited. I don't even think twice about it. Maybe I should.
