Carrying in a school owned suburban

[Inarus]

Good evening.

I would like some clarification. I seem to have found a conflicting lawin regards to carrying.

On short I'm a school district employee who is traveling in a school owned suburban to a conference this summer. I'm not traveling with a student, just with my wife.

The motorist protection act allows for me to carry on a vehicle under my control, but prohibited places under 46.03 include school owned passenger vehicles. I'm sure the intent is school buses, but seeing as I'm traveling to Austin Tx I'm sure there's a prosecutor down there who would love to use me as an example.

I don't want to get charged with a 3rd degree felony (the charge if found) but I also do not want to travel six hours with my wife and one year old child without the protection of my firearm.

Not that it will change anything but I am a CHL holder.

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[cwo4uscgret]

Why not use your own vehicle?

 

[majormadmax]

Sorry, but "school owned passenger vehicles" is pretty clear.

If the intent was only school buses, it would say "school buses;" but it doesn't.

In other words, a "school owned suburban" is a "school owned passenger vehicle."

Your call, but I wouldn't risk it.

 

[Inarus]

Why not use your own vehicle?

School is pretty stingy when it comes to mileage reimbursements, even when paying 12 miles to the gallon.

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[Vaquero]

Well,
It is taxpayer's money.
I'm glad they're stingy.
Sorry for the off topic post.

 

[Bigboy2014]

There is a penal code that covers "employee owned, or leased" vehicle. Not sure if that helps

 

[Inarus]

So in re-reading the 46.03 penal code I find that if I worked for a college and transported my firearm with me I would be legal.

But seeing as I work for a public high school it's a different matter.

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[Nightwatch]

It's quite simple, actually. Go to your principal and have him write you a letter saying you are authorized to use the school van for this purpose, and, since there are no other school employees nor students going, he is authorizing you to carry your personally owned weapon with you. PC 46.03(a)(1)(A). The fact that you have been vetted and carry an LTC should weigh in on his decision to write that letter. Take an easily readible copy of the law when you talk to him.
Once arriving, however, you must consider if the institution hosting the event is "a school or educational institution" and where it is being held before carrying with your LTC. To carry there, you would need a similar letter from the administration of THAT school or learning institution, no matter where the event was held.

 

[Charlie]

Take your own vehicle. I worked in education for almost 30 yrs. (teaching and admin.). Trust me, you never know if your district will support you if you get stopped and charged (and it will ruin your career). Not worth the money. You may be saving $100 now but could be out thousands to get out of trouble (even if you are successful). Just my two bits.

 

[Charlie]

A principal cannot over-ride the law. If an officer wants to charge you, you will get charged.

 

[AustinN4]

If you don't want to go to your principal for whatever reason it seems you have 2 legal choices:
School vehicle = no gun
Your vehicle = you set the rules

 

[Nightwatch]

A principal cannot over-ride the law. If an officer wants to charge you, you will get charged.

Read the law.

 

[Charlie]

I have. If an officer wants to charge you, you will be charged. A principal can give his blessings, but it may or may not keep you from being charged.

 

[Nightwatch]

Take your own vehicle. I worked in education for almost 30 yrs. (teaching and admin.). Trust me, you never know if your district will support you if you get stopped and charged (and it will ruin your career). Not worth the money. You may be saving $100 now but could be out thousands to get out of trouble (even if you are successful). Just my two bits.

If you've gotten a permission letter from your principal, you've complied with the law-there will be no charges made, and you don't need "support" from the district.

 

[Inarus]

I have. If an officer wants to charge you, you will be charged. A principal can give his blessings, but it may or may not keep you from being charged.

"Sec. 46.03. PLACES WEAPONS PROHIBITED. (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, unless:

(A) pursuant to written regulations or written authorization of the institution; or"

It's that last section, pursuant to written authorization.

I can ask my superintendent to approve it. And that will cover me.

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[Nightwatch]

I have. If an officer wants to charge you, you will be charged. A principal can give his blessings, but it may or may not keep you from being charged.

That is simply not a valid statement. It smacks of police state attitude.
Before he charges you, you must have broken the law...instead, you have COMPLIED with it as it is clearly written-no grey area.
You might as well say not to drive 70 where the speed limit's posted 70, because the officer may arrest you anyways.
The whole purpose of the law and that provision in the law is that the OP can travel without fear of arrest.

 

[Nightwatch]

Carrying a copy of the LTC handbook with the current law in it might be a good idea, but a supervisor would correct any mistake on an officer's part-or there would be a suit for false arrest and that doesn't happen often in Texas, where our officers can read.

 

[Charlie]

I disagree. I think you are being naive. Yes, it may work out just fine some or most of the time, but if you get in a disagreement with a law enforcement officer and you have a weapon, you're stretching your luck. You are giving your opinion about something that may or may not work on the streets. That's like saying all laws are good and equally and righteously enforced at all times.

 

[Nightwatch]

If you really feel that way-don't carry a weapon-some officer may disagree with the law on the street and ....

I'm not "giving my opinion" I'm answering the OP's request for a LEGAL solution to his problem. I backed up my answer with the current law.

If you want to naysay the law, and express fear that an officer may choose to BREAK that law-now THAT would be "giving your opinion."

 

[Charlie]

One is also naive if one thinks a school board will support an employee if they get in trouble with the law (right or wrong). It's easier and much more expedient for school personnel, admin. and board members to distance themselves from issues.