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I was reading our local paper today, and apparently there's been a big flap at the school board meeting in Pearland about a gun possession incident at the school's administration building. It's a stand-alone administration building (used to be a Walmart) far removed from any of the district's schools. Apparently, a Dell consultant brought a gun into the building and inadvertently revealed it in a backpack during a meeting with the school district IT staff. He concealed the gun. The meeting continued, and the incident was reported after the gentleman left.

Apparently this has caused a major flap at the school board meeting. A bunch of anti-gun mania fear mongering about columbine and what not both from some board members and the public. A bunch of loud talk about zero tolerance for guns on any district property. This is the second incident at the same building. They lost a football coach over a similar incident last year.

I believe the admin building is marked with a 30.06 sign, although I don't recall for sure. It's not a school, but reading the 46.03 prohibited places statute, is this actually considered an "educational institution?" If not, as a government building isn't this exempted under 30.06?

This whole thing seems absolutely asinine to me. It doesn't make any sense that this government building should be any different than any other or that these adult bureaucrats have some special need for protection against law abiding citizens. Is this building really an educational institution with a legally enforceable 30.06 sign?

I would not carry in any building owned by a school, but I do not believe the building as you described it constitutes a "school" or "educational institution." In fact, "educational institution" is not statutorily defined, although "institution of higher learning" is defined in the Education Code.

Chas.

Charles L. Cotton wrote:I would not carry in any building owned by a school, but I do not believe the building as you described it constitutes a "school" or "educational institution." In fact, "educational institution" is not statutorily defined, although "institution of higher learning" is defined in the Education Code.

Chas.

I agree with you. I wouldn't either, and I suspect that as a Dell representative to the district, this guy certainly regrets it. Given the flap that came up over it though, and some of the tremendously anti-gun sentiment that was expressed by the public and the school board, I'd like to point out to the board, the superintendent, and the police department that it doesn't appear to be illegal.

What do you know about this federal gun-free school zone act? I read that for the first time the other day. I also read US v Lopez, and it sure looks to me that congress didn't come close to fixing this law in 1995. They're still no closer to proving possession at a school has anything to do with inter-state commerce and the federal government. It's still just as unconstitutional as when SCOTUS declared it so. That law seems to be behind this loud and bold claim by both the public and the school board that district grounds are gun-free zones. Considering how closely the district is tied to the police department, it worries me that I drop my children of in their parking lot with a gun in my car. I'd like to try and straighten them out on that as well.

HGWC wrote:

Charles L. Cotton wrote:I would not carry in any building owned by a school, but I do not believe the building as you described it constitutes a "school" or "educational institution." In fact, "educational institution" is not statutorily defined, although "institution of higher learning" is defined in the Education Code.

Chas.

I agree with you. I wouldn't either, and I suspect that as a Dell representative to the district, this guy certainly regrets it. Given the flap that came up over it though, and some of the tremendously anti-gun sentiment that was expressed by the public and the school board, I'd like to point out to the board, the superintendent, and the police department that it doesn't appear to be illegal.

What do you know about this federal gun-free school zone act? I read that for the first time the other day. I also read US v Lopez, and it sure looks to me that congress didn't come close to fixing this law in 1995. They're still no closer to proving possession at a school has anything to do with inter-state commerce and the federal government. It's still just as unconstitutional as when SCOTUS declared it so. That law seems to be behind this loud and bold claim by both the public and the school board that district grounds are gun-free zones. Considering how closely the district is tied to the police department, it worries me that I drop my children of in their parking lot with a gun in my car. I'd like to try and straighten them out on that as well.

The GFSZA is a federal deal, so i doubt most if any police officers would even know how to try to arrest you for violation of it. However, the GFSZA does have a provision that if you are carrying a CHL from the state you are in, and the state allows CHL's to carry on school property or in schools, then you are legal, so there is nothing to straighten out on the law.

There is an issue in some districts (like Plano where I live) that have posted 30.06 signs. They are not valid, but I will be the school may try to press the issue if anyone is outed for carrying. Hopefully the police would know the law allows CHL's to carry on school grounds without a school sponsored function going on and not arrest you, or at minimum take your info and turn it over to the DA who would see there was no violation that occurred.