LEOSA and schools

[KBCraig]

This is not a CHL question, but it does involve concealed carry.

I carry under the Law Enforcement Officers Safety Act of 2004 (LEOSA). I am not a TCLEOSE "Peace Officer" by the standards of the state of Texas, but I am a qualified LEO.

Aside from the provisions concerning CHLs, which, if any, Texas statute forbids carry on school grounds? Is there a statute differentiating between school grounds, versus within school buildings? (Again, referring to non-CHLs.)

LEOSA exempts qualified LEOs from all state and local laws that restrict carrying concealed firearms, except for state (not local) laws that restrict possession of firearms "on any State or local government property, installation, building, base, or park". That's why I'm looking for Texas laws that might apply.

I've disarmed for several recent trips to my daughter's high school, choosing discretion over being a test case.

Thanks for any help you can give me!

Kevin

[Charles L. Cotton]

Tex. Penal Code §46.03(a)(1) prohibits the carrying of firearms on the “premises� of a school. §46.03(c)(1) adopts the definition of “premises� set out in §46.035(f)(3) which states, “(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.� (Emphasis added).

Both the general prohibition and the definition of “premises� applies to everyone, not merely CHL’s. Thus, you can drop your daughter off without violating §46.03(c)(1). Be careful when there are outdoor school activities going on, as the “grounds� would then become a prohibited area, not because of the definition of “premises,� but because of a separate prohibition in §46.03(c)(1) which reads, “any grounds or building on which an activity sponsored by a school or educational institution is being conducted, . . .�

Also, the prohibitions found in §46.02 and 46.03 do not apply to certain other LEO’s, but I have no idea if you would fall under this section. Here is the language:

Ҥ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers, including commissioned peace officers of a recognized state, or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

Regards,
Chas.

[KBCraig]

Thanks, Charles. Those were the statutes I was familiar with, but I hadn't researched their scope.

Like I said... I'm not a peace officer by Texas definition, nor a special investigator. I decided to secure my goodies in my vehicle to be in strict compliance, rather than worrying about it.

And given the nature of the discussions I've been having with school officials, I wouldn't be surprised if I wind up escorted out by the school PD.

Are my wife and I the only parents in this world shocked and outraged that their 15 year old daughter is called to the front of the classroom by a teacher, and asked if she's pregnant or has children? In front of other students?

[Kalrog]

Are my wife and I the only parents in this world shocked and outraged that their 15 year old daughter is called to the front of the classroom by a teacher, and asked if she's pregnant or has children? In front of other students?

Yes. But that is only because my daughter is only 4 months old right now and hasn't had that happen to her. If it does, I will be right there with you opening up new rectal orafices...

[jbirds1210]

I am new to the forum (Thank you for the recommendation Tomcat) and have a question.

My wife is considering taking her CHL class after a year of practice and becoming familiar with firearms. I consider this a personal victory :D but that is another story.

She is a school teacher in Texas. Is it legal for her to secure her handgun in her vehicle while inside of the building. I have read the law concerning buildings and premise, but become confused because there is a playground within fifty feet of where the teachers are allowed to park. Thank you in advance for your assistance.