30.06 & Schools Not in Session

zoomydave

New Member
Feb 4, 2016
6
1
El Paso, Texas
Hey everyone, I'm a little confused about how the 30.06 applies to schools (a grade school) when the school in not in session. Specifically, my church gathers together every Sunday morning in the cafeteria of a grade school and that school just posted 30.06 signs on all of their entry doors. I'm more familiar with the law as it relates to Virginia where if the school is not in session then the 30.06 doesn't apply, it only applies when school is in session.

Is this also the case in Texas where the 30.06 only applies if school is in session? Can you carry inside of a school for a church service when school is not in session?

Thanks in advance for your assistance.

Dave
 

Mreed911

TGT Addict
BANNED!!!
Apr 18, 2013
7,339
36
Austin, TX
30.06 does not apply. PC 46.03 is the controlling law - it's a third degree felony to carry a handgun into a school, period.

Primary and secondary schools have NO NEED to post 30.06/30.07 on their buildings - it's 100% illegal for a license holder (or anyone not "does not applied" re 46.03 in PC 46.15) to carry there.

The only thing that changed was 30.06 does not (did not) apply to property, just premises (building/portion of), whereas 30.07 can be applied to the entire property.
 
Last edited:

locke_n_load

Well-Known
Apr 9, 2013
1,268
48
Houston, TX
Here is what I just sent a fellow license holder about schools today:

From Texas Penal code 46.035

(a) 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) 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
In this section:
(1) "Premises" has the meaning assigned by Section 46.035.


(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.



So if you have your license to carry (or CHL), you are prohibited from carrying inside a building of a school, but public/private driveways, streets, sidewalks, walkways, and parking lots/garages are not prohibited to carry on. I would not advise open carrying in a school parking lot or driveway, while I believe it to be legal, I think you might still have some trouble with police.
 

Mreed911

TGT Addict
BANNED!!!
Apr 18, 2013
7,339
36
Austin, TX
Here is what I just sent a fellow license holder about schools today:

From Texas Penal code 46.035

(a) 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) 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
In this section:
(1) "Premises" has the meaning assigned by Section 46.035.


(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.



So if you have your license to carry (or CHL), you are prohibited from carrying inside a building of a school, but public/private driveways, streets, sidewalks, walkways, and parking lots/garages are not prohibited to carry on. I would not advise open carrying in a school parking lot or driveway, while I believe it to be legal, I think you might still have some trouble with police.
There are already AG opinions on this.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
30.06 does not apply. PC 46.03 is the controlling law - it's a third degree felony to carry a handgun into a school, period.

Primary and secondary schools have NO NEED to post 30.06/30.07 on their buildings - it's 100% illegal for a license holder (or anyone not "does not applied" re 46.03 in PC 46.15) to carry there.

The only thing that changed was 30.06 does not (did not) apply to property, just premises (building/portion of), whereas 30.07 can be applied to the entire property.
30.06 does not and has never used the term premises. It has and does use the term "property".

However, Mreed911 is correct about schools. Off limits at all times.
 

Fernando_Sucre

Member
BANNED!!!
Jan 5, 2016
113
16
Fox River
30.06 does not and has never used the term premises. It has and does use the term "property".

However, Mreed911 is correct about schools. Off limits at all times.
Hey TXI. I guess I was wrong about you. You really do know your stuff. I could always use a man like you on my team. Man I love my team. I would die for them ninjas. So sleep on it and give me an answer tomorrow.
 

Mreed911

TGT Addict
BANNED!!!
Apr 18, 2013
7,339
36
Austin, TX
30.06 does not and has never used the term premises. It has and does use the term "property".

However, Mreed911 is correct about schools. Off limits at all times.
Thanks for this, as always, TXI is right. 46.30/035 use premises, not 30.06/07.
 

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