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by WildBill
Thu Dec 20, 2018 4:48 pm
Forum: General Texas CHL Discussion
Topic: School activity involving homeschoolers
Replies: 23
Views: 7050

Re: School activity involving homeschoolers

Flightmare wrote: Thu Dec 20, 2018 3:50 pm
jmra wrote: Thu Dec 20, 2018 1:06 pm
Flightmare wrote: Thu Dec 20, 2018 10:26 am Maybe I'm just missing it in the text of the penal code, but I do not see the words "certified" or "accredited" used to qualify a school. It simply says:
"School" means a private or public elementary or secondary school.
Only place I found it defined was 46.11

If Leeper v Arlington ISD did define home schooling as a private school, then it would make sense that group sponsored activities (such as organized athletics, graduations, science fairs, etc) would be prohibited locations, just as if they were at any other private or public school.

I'm no lawyer though, nor have I recently stayed at a Holiday Inn.
If that were so (which it isn’t) every homeschool household would be a prohibited place.
TX PC 46.03 PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):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;
Emphasis mine. My non-lawyer understanding reads that as since you are in control of the "institution", you may grant yourself permission to carry. Again, I'm no lawyer and I welcome any corrections to my understanding.
I am not a lawyer either, but I don't think that a home school meets the definition of an institution. I think that the term is being confused with a building, premise or property.
Institution . Establishment, foundation, or organization created to pursue a particular type of endeavor, such as banking by a financial institution.
2. Consistent and organized pattern of behavior or activities (established by law or custom) that is self-regulating in accordance with generally accepted norms.

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