Private School Carry

[Willy]

My church rents out a classroom during the week for a teacher with a single class of 7th graders. Also, a charter school rents the gym for basketball practice during the week. Does this meet the definition of a school? Can I carry in the church if I happen to drop by during the week? If this does meet the definition of a school, would I be prevented from carrying at church on Sunday when school is not in session?

There are no signs outside that announce the presence of a school and no 30.06 signs.

Edit: I found the answer in $46.03 (1)

I know the charter school would qualify as an educational institution, but I'm not sure about the lady with a class of 7th graders. I don't know if she runs a school or just home schools a bunch of kids in a rented room.

 

[robin303]

I doub't I would carry in a church, but if I did I sure the hell wouldn't tell anybody.

 

[MR Redneck]

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(6) on the premises of a church, synagogue, or other established place of religious worship.

(3) "Premises" means a building or a portion of a building.
an official school function is taking place;

I wouldnt carry in a church or a school. Even if the class she teaches isnt an official school function, it still in the portion of a church.
This brings up the idea of seperation of church and state. Im going to refresh my studies on the subject because if I remember right it only involves taxes.
To conclude, DONT DO IT!! They'll send the swat team after ya !

 

[Bithabus]

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(6) on the premises of a church, synagogue, or other established place of religious worship.

(3) "Premises" means a building or a portion of a building.
an official school function is taking place;

I wouldnt carry in a church or a school. Even if the class she teaches isnt an official school function, it still in the portion of a church.
This brings up the idea of seperation of church and state. Im going to refresh my studies on the subject because if I remember right it only involves taxes.
To conclude, DONT DO IT!! They'll send the swat team after ya !

This only applies if the church posts a 30.06 sign.

 

[Bithabus]

My church rents out a classroom during the week for a teacher with a single class of 7th graders. Also, a charter school rents the gym for basketball practice during the week. Does this meet the definition of a school? Can I carry in the church if I happen to drop by during the week? If this does meet the definition of a school, would I be prevented from carrying at church on Sunday when school is not in session?

There are no signs outside that announce the presence of a school and no 30.06 signs.

Edit: I found the answer in $46.03 (1)

I know the charter school would qualify as an educational institution, but I'm not sure about the lady with a class of 7th graders. I don't know if she runs a school or just home schools a bunch of kids in a rented room.

The church is 46.03 when class or practice is being held. When there are not school sponsored activities it is just a church and you can carry unless they post 30.06.

 

[Willy]

I wouldnt carry in a church or a school. Even if the class she teaches isnt an official school function, it still in the portion of a church.

Subsection (i) says that you can carry at hospitals, amusement parks, churches and governmental meetings unless they post the 30.06 sign.

I know of at least 6 other CHL holders in my church, including staff.

 

[txinvestigator]

The church is 46.03 when class or practice is being held. When there are not school sponsored activities it is just a church and you can carry unless they post 30.06.

Agreed.

 

[MR Redneck]

Subsection (i) says that you can carry at hospitals, amusement parks, churches and governmental meetings unless they post the 30.06 sign.

I know of at least 6 other CHL holders in my church, including staff.

You wont hear me complain. I think all of that only applies to CHL holders though. You do have a CHL dont ya?

 

[KAK]

I wouldn't attend a church with a 30.06 sign.

 

[TXGunner]

1 additional caveat

So we have established that you can carry in a church UNLESS they post a 30.06 sign. How about this scenario?

Our church meets in a middle school (public school) on Sundays. We have 2 types of security: the "safety" team (radios only) and "security" team (off-duty LEOs and Level IV Security personnel).

So while we have established that you can carry in church, how about if the church is used as a school 5 days of the week? Can you carry in the church on Sundays?

Thanks!

 

[txinvestigator]

So we have established that you can carry in a church UNLESS they post a 30.06 sign. How about this scenario?

Our church meets in a middle school (public school) on Sundays. We have 2 types of security: the "safety" team (radios only) and "security" team (off-duty LEOs and Level IV Security personnel).

So while we have established that you can carry in church, how about if the church is used as a school 5 days of the week? Can you carry in the church on Sundays?

Thanks!

The penal code does not make a school off limits "while school is in session" so I would think that carry in the buildings is always prohibited, regardless of the event, function or occupants.

I also believe your Level IV people are in violation if they are armed. LEOs are exempt from 46.03, PPOs are not.

BTW, Welcome to the forum.

 

[Mexican_Hippie]

Ok, a similar but different scenario. In only ask because this is a bit confusing and it appears related.

Relevant Building Facts
- Private school from M-F
- Part of the Church complex but separate building

(i.e. private parochial school next to the church)

Question
I know I can carry into the church building itself. Can I carry into the "Sunday School" building next door to drop off/pick up my kids on Sundays?

 

[streakpi]

I would definitely not carry in a school which is being used as a church. Must be a bad neighborhood if you go to church and need two types of security...do you have metal detectors and pat-downs? Is offering only in cash? Hehe...just having fun with this string.

 

[ewhite]

This only applies if the church posts a 30.06 sign.

+1

(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.

 

[Bithabus]

Ok, a similar but different scenario. In only ask because this is a bit confusing and it appears related.

Relevant Building Facts
- Private school from M-F
- Part of the Church complex but separate building

(i.e. private parochial school next to the church)

Question
I know I can carry into the church building itself. Can I carry into the "Sunday School" building next door to drop off/pick up my kids on Sundays?

A school which holds classes M-F is still a school on Sunday for the purposes of 46.03.