CHL @ Preschool via Property and Business Owner

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton, longtooth

CHL @ Preschool via Property and Business Owner

Postby Cdog-money » Fri Jan 04, 2013 11:17 pm

Hi! I am new to this forum and to having a CHL. I am a business owner of a Preschool / Child Care center here in Texas and are in need of clarification on what exactly I can do as a CHL holder and the Business/Property owner of MY school.
My CHL instructer said I could but wasn't sure....I mentioned to him that I must follow DFPS child care licensing regulations that say that fire-arms are prohibited unless my center is a home daycare and the fire arm is locked away
This is silly in the since that this is practically my home even though its not...and i have a gun safe that I would have here for the gun to be put in.
Scenario: I leave my house with my gun in my car....I go to work which is my school that I own...I get out of my vehicle..conceal my firearm and come into the building where I go directly to my office where my safe would be and place my firearm in there....
I also plan on modifying our employee handbook and emergency procedures to outline that I designate the use of CHL by the business owner only that way it is written

So what I need is some guidance here on to exact what I can do....What law is THE LAW...the law that governs me as a CHL holder or as a CHL holder once on my school property I now have to follow DFPS child care licesning regulations...which isn't the LAW to me... I think the problem is with getting a clear answer or even finding it in writting is that this is not the "norm" I dont know of any child care facility that has armed security or police or a CHL carrying owner...yet i am determined to protect these children and my staff better than I already am.
Thoughts...
Thank you in advance
Cdog-money
Junior Member
 
Posts: 2
Joined: Fri Jan 04, 2013 10:30 pm

Re: CHL @ Preschool via Property and Business Owner

Postby srothstein » Fri Jan 04, 2013 11:51 pm

You have several different laws to account for. As I understand the law, you would not be committing a Penal Code violation by having the weapon in your car, in your safe, or on your person in a child care center that you own. The Penal Code says that it is legal to carry your weapon on your own premises or premises you control. Assuming you are a sole proprietorship, it is your premises. Assuming you incorporated or filed it as a partnership, it is still premises under your control. This means that a police officer will not arrest you for carrying the weapon there.

There is a big caveat here. There are some strict laws on keeping the gun safe from children. Your plan looks like it would meet the law.

Then there is the DFPS rules. They say you cannot have the weapon on the premises. This is a law, part of the Texas Administrative Code. The bad news is that there is no definition I can find for premises in that law. The definition accepted by the courts, that I am aware of, would make the whole property - including the parking lot - the premises. This is NOT the premises used in chapter 46 where there is a very specific and narrow definition. I base this on the way the courts have looked at licensed premises for drinking. Your plan would clearly violate this law, even if you left the gun in the car. The good news is that violating the Administrative Code is usually a civil violation. This means that the worst DFPS could do is file for a fine against you or revoke your license to operate a child care center.

I do not recommend breaking the law and placing your business or wallet at risk. But that is a choice for you to make.In addition to the law, consider who would know about the gun and how you would get caught. If you don't ever need it, a gun left in your car should never cause a problem while you are at work (no one would know and no one would complain. There is always a chance of getting caught by someone you did not expect to see when you are carrying the weapon inside.
Steve Rothstein
srothstein
Senior Member
 
Posts: 3453
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: CHL @ Preschool via Property and Business Owner

Postby katmandu » Sat Jan 05, 2013 12:28 am

The sad irony here being that CHL-holding parents can legally carry into child-care facilities to drop off / pick up their children ( unless properly 30.06 posted or given verbal notice, or a traditional school is attached, of course ).
katmandu
Member
 
Posts: 97
Joined: Fri Jan 13, 2012 7:08 pm

Re: CHL @ Preschool via Property and Business Owner

Postby MeMelYup » Sat Jan 05, 2013 1:18 am

Contact your state representative or senator. See about changing a law or whatever to cause a rule change within DFPS.
MeMelYup
Senior Member
 
Posts: 1146
Joined: Mon Nov 15, 2010 3:21 pm

Re: CHL @ Preschool via Property and Business Owner

Postby RPB » Sat Jan 05, 2013 8:39 am

MeMelYup wrote:Contact your state representative or senator. See about changing a law or whatever to cause a rule change within DFPS.

:iagree: Point out the inconsistency to bring the problem to light so they can fix the DFPS regs/rules to be more consistent with other State Laws.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
RPB
Banned
 
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: CHL @ Preschool via Property and Business Owner

Postby Cdog-money » Mon Jan 07, 2013 11:32 am

Thanks everyone! I plan on contacting my state rep.
Cdog-money
Junior Member
 
Posts: 2
Joined: Fri Jan 04, 2013 10:30 pm

Re: CHL @ Preschool via Property and Business Owner

Postby 1s1k52 » Tue Jan 08, 2013 2:28 pm

katmandu wrote:The sad irony here being that CHL-holding parents can legally carry into child-care facilities to drop off / pick up their children ( unless properly 30.06 posted or given verbal notice, or a traditional school is attached, of course ).


:iagree:

To the OP it's pretty commendable with how the world is your taking the actions you are attemppting. I wish you te best of luck. I hope our public school system follows in the same path.
(insert clever signature here)
User avatar
1s1k52
Senior Member
 
Posts: 477
Joined: Fri Nov 19, 2010 12:40 am
Location: Mckinney (Texas obviously)

Re: CHL @ Preschool via Property and Business Owner

Postby TexasCajun » Tue Jan 08, 2013 3:36 pm

Once you get clarification on the regulations, why don't you reconsider the policy manual revision that you mentioned. If the teachers that you employ are so inclined and have or would get their CHLs, wouldn't it be better to have them armed as well? That way if you were away on other business or home sick, the teachers and children wouldn't be left to fend for themselves if something should happen.
Opinions expressed are subject to change without notice.
NRA TSRA TFC CHL: 9/22/12, PSC Member: 10/2012
TexasCajun
Senior Member
 
Posts: 1036
Joined: Mon Aug 06, 2012 4:58 pm
Location: Deer Park, TX

Re: CHL @ Preschool via Property and Business Owner

Postby SewTexas » Tue Jan 08, 2013 11:36 pm

as a former child-care worker....I love it! push for it!
~Tracy
Barracktose Intolerant
SewTexas
Senior Member
 
Posts: 1752
Joined: Wed Dec 22, 2010 11:52 pm
Location: San Antonio area


Return to General Texas CHL Discussion

Who is online

Users browsing this forum: RPBrown and 3 guests