Question about 46.03: Vehicle leased by a school

[oldtexan]

I have a question about Penal code section 46.03. In section (a) (1) is says that a weapon is prohibited on a "passenger transportation vehicle of a school or educational institution". Would this include a rental vehicle owned by a commercial vehicle rental company, and leased by a school to transport school employees to a meeting in another part of the state, or does it only pertain to vehicles actually owned by or registered to the educational entity? I ask because my wife, a teacher at a public university, and a CHL holder, will be travelling with other employees of her university in a vehicle owned by a rental company but leased by her university, to a meeting in another Texas city. She would like to be able to carry but obviously won't do so if it's in violation of the code.

Can anyone here cite any cases that dealt with this issue?

From Bakers Legal Pages:

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) [amended 6/20/97] A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) [amended 5/30/95] on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack; or
(5) [amended 6/20/97] in or into a secured area of an airport.

Thanks in advance.

[C-dub]

IANAL, but I think one could not carry on this vehicle. Your wife also may not be able to carry at the meeting depending on the location. Regardless of the location, there is also a small debate on the restriction of carrying at a school event when it is not on school property. Charles, who is a lawyer, says it is not illegal to carry at a school's event, other than athletic, when not on school property. I do not disagree with him, but I'm not willing to risk the ride.

[C-dub]

Another thing to consider would be the different places they might go to while there. If there were some place they were all going to for lunch or afterward that your wife could not carry in she has no ability to secure her weapon in a vehicle while inside.

[oldtexan]

Another thing to consider would be the different places they might go to while there. If there were some place they were all going to for lunch or afterward that your wife could not carry in she has no ability to secure her weapon in a vehicle while inside.

Yes, that is an issue, too, as is the issue of whether carrying a weapon may violate some sort of school policy and thus put her continued employment at risk. We are checking that too.

[ScottDLS]

Good question...

By a plain reading of the law it seems that one would not be able to carry (in a) passenger transportation
vehicle of a school or educational institution, unless pursuant to written regulations or written authorization of the institution;....

Assumption is that a vehicle leased/rented by the school qualifies as a "passenger transportation vehicle of a school". Not a disticntion one I'd want to risk a felony conviction on.

[Running Arrow Bill]

This one is easy to answer... :)

Take your own vehicle. Could take a passenger that is gun friendly. Just because the "school" is using a vehicle for the group doesn't mean YOU have to ride with them. Unless, of course, one's need to be with co-workers is greater than one's right to protect oneself and exercise one's 2nd Amendment Rights.

At the destination, a person can choose to carry in the meeting place if it is NOT prohibited by 30.06 posting or by Statute. Same goes for eating places.

JMO. IANAL.

P.S.: The same theory for traveling applies to a person that smokes, if the other's violently disapprove of one's smoking. I've been there, done that...as a smoker.

[Oldgringo]

IANAL, but I think one could not carry on this vehicle. Your wife also may not be able to carry at the meeting depending on the location. Regardless of the location, there is also a small debate on the restriction of carrying at a school event when it is not on school property. Charles, who is a lawyer, says it is "not illegal" to carry at a school's event, other than athletic, when not on school property. I do not disagree with him, but I'm not willing to risk the ride.

Can we assume that "not illegal" equals "legal" ?

[C-dub]

IANAL, but I think one could not carry on this vehicle. Your wife also may not be able to carry at the meeting depending on the location. Regardless of the location, there is also a small debate on the restriction of carrying at a school event when it is not on school property. Charles, who is a lawyer, says it is "not illegal" to carry at a school's event, other than athletic, when not on school property. I do not disagree with him, but I'm not willing to risk the ride.

Can we assume that "not illegal" equals "legal" ?

Sometimes even I just have to shake my head at the way I say things. I think he might have also qualified it with the point that there has not been any case law to definitively define the issue.