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Daycare?

Posted: Tue Dec 13, 2011 10:38 am
by Craig8d8
Just curious if anyone knows if you can carry at a daycare? My 5 year old is in private school in one building and I just drive thru the circle drive to drop off or pick her up. But after I get her we park and walk into a separate building to get my 3 year old. This building is day care only. No "school" per say. There are no signs posted anywhere at either location. Btw this is a private catholic school and daycare.

Thanks in advance!!

Re: Daycare?

Posted: Tue Dec 13, 2011 10:41 am
by Keith B
Craig8d8 wrote:Just curious if anyone knows if you can carry at a daycare? My 5 year old is in private school in one building and I just drive thru the circle drive to drop off or pick her up. But after I get her we park and walk into a separate building to get my 3 year old. This building is day care only. No "school" per say. There are no signs posted anywhere at either location. Btw this is a private catholic school and daycare.

Thanks in advance!!
Sounds like a gray area. Since the school is a parochial school, then it would be accredited and it is definitely off limits. If the daycare is somehow associated with the school, then it too could be considered part of the off-limits area. Without knowing how these are tied together, I would be very cautious until you can verify that the two have no other connection than being at the church.

Re: Daycare?

Posted: Tue Dec 13, 2011 11:02 am
by snatchel
I pick up my friends kiddos a couple of times a week, and am very good friends with the Daycare owner. Her and I play softball together.. Anyway. I asked her why her facility was 30.06 posted one day and she informed me that she had to put the sign up because it was "illegal to carry in day care." She has a CHL herself, so I didn't push the issue or look into it further... I guess I will now.

Re: Daycare?

Posted: Tue Dec 13, 2011 1:51 pm
by Craig8d8
I see your point but the two are separate entities. I write two different checks each month. One to xxx school and one to xxx daycare. ??

Also it seems that I remember in my chl class that it IS illegal to carry in a church(but our instructor said he carries at church). Is it also illegal to carry on church grounds?

There are so many different codes and loop holes in our penal codes that I get a headache just reading them!! :banghead:

Re: Daycare?

Posted: Tue Dec 13, 2011 1:56 pm
by bayouhazard
There's really no case law so you have three choices. Don't carry. Carry and don't get caught. Carry and get caught and make some case law. The second is my go-to choice when I'm in doubt but ymmv.

Re: Daycare?

Posted: Tue Dec 13, 2011 2:06 pm
by RPB
Craig8d8 wrote:I see your point but the two are separate entities. I write two different checks each month. One to xxx school and one to xxx daycare. ??

Also it seems that I remember in my chl class that it IS illegal to carry in a church(but our instructor said he carries at church). Is it also illegal to carry on church grounds?

There are so many different codes and loop holes in our penal codes that I get a headache just reading them!! :banghead:
Churches have to post a 30.06 sign for it to be illegal, if no sign, not illegal
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(6) on the premises of a church, synagogue, or other established place of religious worship.
...
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
========

I always carry at least 2 guns to church, more if one of the Deacons forgets or Preachers/Pastor forget theirs.
-----------------------

A non-posted church is a non-issue, only the "school" portion is.

Re: Daycare?

Posted: Tue Dec 13, 2011 2:26 pm
by MoJo
I agree with Kieth B it's a gray area. If the school is accredited then it's off limits if it's just a day care and not posted it's OK the fact that it's associated with a church should have no bearing on the matter unless the church property is posted. Since my pockets are pretty shallow :lol: I will forgo making case law at all costs. :nono:

Re: Daycare?

Posted: Tue Dec 13, 2011 4:53 pm
by Craig8d8
It is just a day care and our church is not posted. Thank goodness cause I really like our church lol. But I think I shall I un-holster when I have to get the little one.

Like someone has said before "if I knew when I would need my gun I'd stay at home" author unknown.

Re: Daycare?

Posted: Tue Dec 13, 2011 5:31 pm
by CC Italian
If it is accredited by the TEA it is a no go. If it is not accredited it is not a school according to the state. Some of these businesses might say "school" but in name only. There are many of these k-3 or k-5 schools that are accredited and they say they have certified teachers. As someone who is in education I can tell you that most are a joke and many of the children who go into say 4th grade in a public school have to retake 3rd grade because they are to far behind. My girlfriend who is also in education taught at one before graduating college. None of the teachers had a college degree or were certified teachers by the state of Texas in anything accept CPR.

Long story short if they are accredited the TEA will have info on them and you can look it up. All certified schools are registered with the Texas Education Agency and are in a database. This is how the registrar’s office confirms your child's previous education when you transfer to a different school or district.

Re: Daycare?

Posted: Tue Dec 13, 2011 5:50 pm
by Craig8d8
Like I said I'm asking about the daycare and not the school. The school is accredited by the TEA, TCCED as well as SACS(southern association of colleges).

Our day care is ages 6 months thru 4 years old.

Re: Daycare?

Posted: Tue Dec 13, 2011 5:55 pm
by CC Italian
Buildings are separate. Then you are fine.

Re: Daycare?

Posted: Tue Dec 13, 2011 6:07 pm
by Craig8d8
Thanks CC!!! That's kinda what I assumed as well.

Re: Daycare?

Posted: Tue Dec 13, 2011 6:29 pm
by CC Italian
I think that's one that should be clarified in next legislature. A daycare is a daycare not a school, aka babysitter. There are licenses for running a daycare service also so you could look that up as well if you wanted.

It can be very confusing in the k-5 range. I have seen very few schools that were 6-12 and did not have teachers with a least a college degree even if they were not certified. Even my friend who teaches at a local Catholic school for 3-5 has a college degree and is a Texas certified Spanish and music teacher. Basically what you will find is that the schools that have teachers with college degrees cost more and the curriculum is on par or better then public education. Basically you pay for the education of your teachers. Private schools that require there teachers to have college degrees usually pay $25,000-$40,000 a year starting pay and teachers with no degree usually make minimum wage to 11 dollars an hour.

Sorry for the rant but people always ask me why teaching jobs only make 8 dollars an hour at an accredited school and I tell them this story.

Re: Daycare?

Posted: Tue Dec 13, 2011 6:52 pm
by tbrown
There's no need for the legislature to clarify. It's easier and makes more sense to repeal 46.035 entirely.

Re: Daycare?

Posted: Tue Dec 13, 2011 6:55 pm
by CC Italian
touche!