What is the Legal Process for School Carry

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton, longtooth

Re: What is the Legal Process for School Carry

Postby rmoraes » Mon Jan 07, 2013 5:50 pm

B"H
I've been asked to carry in one school here in Houston by the principal, when I told him about the written letter he asked me to write. But I dont know what to put in the letter.
Does anyone have, seen or know what to put down?
:tiphat:
G-d save the South! G-d save the Cause!
Another Glorious Day in Sunny Texas!
rmoraes
Member
 
Posts: 76
Joined: Sun Mar 02, 2008 7:13 pm

Re: What is the Legal Process for School Carry

Postby RottenApple » Mon Jan 07, 2013 5:56 pm

rmoraes wrote:B"H
I've been asked to carry in one school here in Houston by the principal, when I told him about the written letter he asked me to write. But I dont know what to put in the letter.
Does anyone have, seen or know what to put down?
:tiphat:


Not seen one, but I imagine something like this would work:

This letter authorizes <Insert_Name> to possess and carry a concealed handgun on the premises of <Name_of_School> in accordance with Texas Penal Code 46.06(1).

Signed,
<Authorized_Person>


TPC 46.03(1) doesn't state any exact language needed.

(1) on the physical premises of a school or educational institution, any grounds or building on w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
User avatar
RottenApple
Senior Member
 
Posts: 1582
Joined: Sun Jan 09, 2011 3:19 pm
Location: Wylie, TX

Re: What is the Legal Process for School Carry

Postby SherwoodForest » Mon Jan 07, 2013 7:14 pm

Any statutory authorization for a CHL teacher to carry would have to originate with the highest authority within the ISD - the school board - unless a preemptive legislative, or executive exception was established at the State level.
SherwoodForest
Member
 
Posts: 137
Joined: Thu Jan 03, 2013 5:08 pm

Re: What is the Legal Process for School Carry

Postby SherwoodForest » Mon Jan 07, 2013 7:46 pm

I would only add.......if I were a school teacher and my superior -the principle of my school - asked me to carry, anything in writing with his/her signature would suffice for MY authority to carry with a CHL. It then becomes his/her issue. In the meantime the kids in my class are protected.

The objective is to prevent anymore Sandy Hook's from occuring. The details may take some time to iron out.
SherwoodForest
Member
 
Posts: 137
Joined: Thu Jan 03, 2013 5:08 pm

Re: What is the Legal Process for School Carry

Postby jmra » Mon Jan 07, 2013 8:00 pm

rmoraes wrote:B"H
I've been asked to carry in one school here in Houston by the principal, when I told him about the written letter he asked me to write. But I dont know what to put in the letter.
Does anyone have, seen or know what to put down?
:tiphat:

I would want it notarized.
Would also want legal opinion to determine if the "Authorization of the Principal" equates legally to the "Authorization of the Institution".
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
User avatar
jmra
Senior Member
 
Posts: 8343
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: What is the Legal Process for School Carry

Postby 41Garand » Mon Jan 07, 2013 10:16 pm

My private meeting went well. Thank you for your prayers! because... Much to my surprise, the ISD President & Superintendent were all ears and very interested in what I had to say. My 4-5 min presentation was followed by ~50 minutes of friendly Q&A and conversation.
Safety & Security is paramount to them at this juncture. Seems all bets are off.
Presenting the idea of CHL in schools is not such a crazy idea anymore.
I should have an update from them soon.
I will keep you posted.
41Garand
Junior Member
 
Posts: 15
Joined: Sun May 22, 2011 11:07 am

Re: What is the Legal Process for School Carry

Postby Jumping Frog » Tue Jan 08, 2013 7:25 am

JALLEN wrote:
SherwoodForest wrote:Yes, pursuant to statute that is the procedure. While discussions, and meetings proceed - precisely WHAT , WHO is protecting our school children TODAY as we speak ?

In the thousands of schools in Texas - what protection stands between the lives of our children and another marauding murderer ? That is THE QUESTION BEGGING A RESPONSE.

The Federal Gun-Free Zone Act of 1990, as amended.

Pursuant to 18 U.S.C. § 921. . . .

Of course 18 U.S.C. § 922(q)(2)(B)(ii) should not be overlooked. . .

18 U.S.C. § 922(q)(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm . . .
(B) Subparagraph (A) does not apply to the possession of a
firearm -
... (ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
-Bob . . . NRA Life member, TSRA Life member, TFC member, JFPO member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots.
User avatar
Jumping Frog
Senior Member
 
Posts: 4956
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: What is the Legal Process for School Carry

Postby srothstein » Tue Jan 08, 2013 9:33 pm

SherwoodForest wrote:Any statutory authorization for a CHL teacher to carry would have to originate with the highest authority within the ISD - the school board - unless a preemptive legislative, or executive exception was established at the State level.


I disagree. The way I read the law, a principal could grant the authority. The law allows for two possibilities to make carry legal. One is pursuant to written regulations. Regulations must be approved by the superintendent or school board, depending on the board policy. They may allow the superintendent to write HR regulations and may require all regulations to be approved by them.

But the law also allows for carry when approved by the institution. Note it says institution as a single unit. A high school is an institution, an ISD is not. A principal is the highest authority in a single school. Thus, I see the law as allowing the principal to grant permission.

I will stipulate that I don't think any principal will giver permission without some higher authority first saying he could, but I have seen some principals who I think just might.
Steve Rothstein
srothstein
Senior Member
 
Posts: 3494
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: What is the Legal Process for School Carry

Postby RottenApple » Wed Jan 09, 2013 12:19 pm

srothstein wrote:
SherwoodForest wrote:Any statutory authorization for a CHL teacher to carry would have to originate with the highest authority within the ISD - the school board - unless a preemptive legislative, or executive exception was established at the State level.


I disagree. The way I read the law, a principal could grant the authority. The law allows for two possibilities to make carry legal. One is pursuant to written regulations. Regulations must be approved by the superintendent or school board, depending on the board policy. They may allow the superintendent to write HR regulations and may require all regulations to be approved by them.

But the law also allows for carry when approved by the institution. Note it says institution as a single unit. A high school is an institution, an ISD is not. A principal is the highest authority in a single school. Thus, I see the law as allowing the principal to grant permission.

I will stipulate that I don't think any principal will giver permission without some higher authority first saying he could, but I have seen some principals who I think just might.


:iagree:
User avatar
RottenApple
Senior Member
 
Posts: 1582
Joined: Sun Jan 09, 2011 3:19 pm
Location: Wylie, TX

Re: What is the Legal Process for School Carry

Postby 68blackbird » Wed Jan 09, 2013 2:44 pm

Dragonfighter wrote:
Sidro wrote:I graduated from Harrold and still live near by. The decision to allow teachers and staff was decided on by the school board and the superintendant. Those allowed to carry are required to have a a certain amount of training and carry ammunition is restricted to certain types. <SNIP>


Franginable? I'm curious now.



Yes...

http://pol.tasb.org/Policy/Download/1232?filename=CKC(LOCAL).pdf
"The problem is not the availability of guns, it is the availability of morons."
- Antonio Meloni
User avatar
68blackbird
Member
 
Posts: 68
Joined: Mon Nov 05, 2012 1:34 pm

Re: What is the Legal Process for School Carry

Postby 41Garand » Mon Jan 21, 2013 11:07 am

To all, thank you for the information.

I have been put on the agenda for the general school board meeting tomorrow Tuesday 22 at 7pm.
The meeting will be at:

218 East Main Street, League City, TX 77573

To all who may live in the area, whether or not you have kids in school, I need to pack the room with like minded people.

Please let me know if you can attend.
Thanks.
41Garand
Junior Member
 
Posts: 15
Joined: Sun May 22, 2011 11:07 am

Re: What is the Legal Process for School Carry

Postby gdanaher » Mon Jan 21, 2013 11:45 am

Are you sure this is the right address?
User avatar
gdanaher
Senior Member
 
Posts: 554
Joined: Tue Nov 30, 2010 8:38 am
Location: EM12

Re: What is the Legal Process for School Carry

Postby 41Garand » Mon Jan 21, 2013 1:13 pm

I'm sure.
Northeast corner of 518(Main St) & Hwy 3.
I had a hard time finding it for my initial meeting, The building actually faces Houston Street.
You can hardly see the building from 518.
But the address is correct.
Thank you for your support!
41Garand
Junior Member
 
Posts: 15
Joined: Sun May 22, 2011 11:07 am

Re: What is the Legal Process for School Carry

Postby gdanaher » Tue Jan 22, 2013 9:31 am

Okie Dokie. But I looked at the CCISD web page and they showed a different location and a different date for their board meeting. I'm likely just confused.....
User avatar
gdanaher
Senior Member
 
Posts: 554
Joined: Tue Nov 30, 2010 8:38 am
Location: EM12

Re: What is the Legal Process for School Carry

Postby 41Garand » Tue Jan 22, 2013 10:13 am

It is not CCISD. It is Bay Area Charter ISD.
41Garand
Junior Member
 
Posts: 15
Joined: Sun May 22, 2011 11:07 am

Previous

Return to General Texas CHL Discussion

Who is online

Users browsing this forum: Bing [Bot], Google [Bot], Russell, Yahoo [Bot] and 10 guests