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30.06 & Schools Not in Session

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  • zoomydave

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    Feb 4, 2016
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    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
    Gun Zone Deals
     

    Mreed911

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    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.
     
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    locke_n_load

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    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

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    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

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    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

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    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.
     

    locke_n_load

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    I replied back to the AG opinion on school property carry and 46.035 Mike. I missed that thread originally and have interest (I have a 7 month old). Thanks for letting me know.
     
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