Technically School Owned, but used by the city

[Lynyrd]

A piece of property with a building on it is technically owned by an ISD. But, they do not use the property in any way. The property is leased to a municipality ($1/yr) which uses the property for a community center. The city maintains the property and is responsible for all upkeep. All sorts of activities take place in this community center. They even rent it for private events. The building does not have 30.06/30.07 signs.

Given the new law, is it okay to carry at the community center? If the city owned it, the answer would be yes. But, it is technically owned by the school district. I cannot find anything in the statutes mentioning leased property that is owned by an ISD. If the city were leasing this from a private entity, I understand that they could not post 30.06/30.07. It is the schools ownership that makes this unclear to me.

[twomillenium]

I am not an attorney nor is this legal advice. The way I read the law, it says (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 pursuant to written regulations or written authorization of the institution;

I do not see anything that includes property ownership of a ISD if active education is not scheduled or ISD owned transportation for students.
Just sayin

[Lynyrd]

It is that exact wording that leaves room for question to me.

(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 pursuant to written regulations or written authorization of the institution;

I cannot find any language that makes provision for physical premises that a school is not using. I doubt there are very many situations statewide where that is this case. But, in our situation there are many activities on this property, including a city park which is used daily. Very few people even know that the city doesn't actually own the property.

[troglodyte]

The park would not be off limits since it is not the "physical premise" of the ISD own facility as long as a school sponsored activity is not being held there

[Lynyrd]

The park would not be off limits since it is not the "physical premise" of the ISD own facility as long as a school sponsored activity is not being held there

That makes sense if physical premises means buildings. I'm more concerned about the building itself.

[twomillenium]

Just because the ISD owns the building, does not make it a school. Very plain to me, but I have almost been wrong once or twice.

[JP171]

the other thing I see that almost everyone in this thread has forgotten is the "owned or leased by a governmental agency" exemption to 30.06 and disallowing weapons, the city rents it and that in my mind removes the ability to call it school premises

[Lynyrd]

the other thing I see that almost everyone in this thread has forgotten is the "owned or leased by a governmental agency" exemption to 30.06 and disallowing weapons, the city rents it and that in my mind removes the ability to call it school premises

You may have something there. Which part of the statute specifically talks about owned or leased by a governmental agency?

I didn't mention that I am a city council member. I have to look out for the city, and the public as well. I want us to get this correct, but I don't really know what to do. I want there to be no unnecessary restrictions on LTC, but I also have to make sure the city is in the clear. We have council meetings, elections, family reunions, civic theater, crime watch group meetings, and political rallies in this building. We are a small poor community and do not have a city attorney.

[JP171]

the other thing I see that almost everyone in this thread has forgotten is the "owned or leased by a governmental agency" exemption to 30.06 and disallowing weapons, the city rents it and that in my mind removes the ability to call it school premises

You may have something there. Which part of the statute specifically talks about owned or leased by a governmental agency?

I didn't mention that I am a city council member. I have to look out for the city, and the public as well. I want us to get this correct, but I don't really know what to do. I want there to be no unnecessary restrictions on LTC, but I also have to make sure the city is in the clear. We have council meetings, elections, family reunions, civic theater, crime watch group meetings, and political rallies in this building. We are a small poor community and do not have a city attorney.

30.06 E.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

and because it isn't a school or auditorium within a school its not covered by 46.03 or 035

[Lynyrd]

Thank you JP171. That is exactly the language I was looking for!