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A friend is the pastor of a church that used to have a school, both housed in the same building. The school had to close after the spring 2010 semester and is no longer open. However, the sign at the street still reads "XYZ Church and School." The building is not posted with a 30-06 sign or any other "no firearms" sign.

May an individual legally carry on-premesis?

Q

My gut says yes. Since the school has been effectively shut down since the spring, a CHL holder may carry as long as the church has not posted a valid 30.06 sign or given oral notice. The "school" has neither pupils nor teachers. I'm sure that if you wanted a more definitive answer, you could call DPS.
Perhaps someone will be able to post the relevant laws and provide commentary. This is a pretty interesting question.

IANAL and take no responsibility for your actions.

My gut and understanding of the law say yes, you should be fine.

And remember, concealed means concealed...

quoheleth wrote:A friend is the pastor of a church that used to have a school, both housed in the same building. The school had to close after the spring 2010 semester and is no longer open. However, the sign at the street still reads "XYZ Church and School." The building is not posted with a 30-06 sign or any other "no firearms" sign.

May an individual legally carry on-premesis?

Q

Yes. Because the location is not a school.

I concur, not a school, carry away.

The Only thing I would check, just to be sure, is the Tax Records of the property.
See if they say the same as this: http://tinyurl.com/29wn9j3" onclick="window.open(this.href);return false;
That is this location: http://www.berrycenter.net/" onclick="window.open(this.href);return false;

Notice how that says 'Land use code: School'
This is NOT a school, there are no classes held there. The general public can rent space, and they have craft fairs there all the time, however, since the Tax Records say it's owned by a School District, and Used as a 'School', I think some Judge might try to hang you with that.

Also, since it is 'school owned property' (even if it is not a School), any school sanctioned events, games, etc, would be illegal to carry at.

Correct me if I am wrong but wouldnt that be a private school and have to be 30.06 posted before it would be prohibited?

RPBrown wrote:Correct me if I am wrong but wouldnt that be a private school and have to be 30.06 posted before it would be prohibited?

Being that there is no definition of 'school' in the statutes for our purposes, it is assumed that both public and private schools are equally prohibited under 46.03.

Literally, the statute says that you cannot carry 'on the premises of a school' and that's as deep as it gets into defining it... It's really horrible.