Page 1 of 1
Ancillary Services buildings of a school district
Posted: Fri Mar 30, 2007 12:13 pm
by wileyj
Are the Ancillary Services building of a school district off limits?
Like the Science Resource Center at CFISD? No students. Just lots of animals, reptiles and such.
Re: Ancillary Services buildings of a school district
Posted: Fri Mar 30, 2007 1:02 pm
by TX_TLC
wileyj wrote:No students. Just lots of animals, reptiles and such.
There's a difference?
:sarcasm:
Sorry I am no help.
Posted: Fri Mar 30, 2007 1:19 pm
by wileyj
sarcasm accepted.
That is why my wife is a RETIRED teacher <grin>
Posted: Fri Mar 30, 2007 3:37 pm
by barres
If it's a building, the law makes no provision for whether students are present or not. You are not allowed to cary on the premises of a school. Premises are defined as a building or part of a building. Sorry.
Posted: Fri Mar 30, 2007 6:37 pm
by wileyj
Barres,
I appreciate your response. This building is NOT a school at all. I understand about a school. My HOA rented a room in the local elementary school last night and I left my weapon at home.
This building is ONLY the science resource center. It houses equipment, material and living things that support the science curriculum in the district. The nearest school is at least 300 yards away across a street
thanks
..wiley
Posted: Mon Apr 02, 2007 2:30 pm
by barres
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, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution.
If the property belongs to the school district it is part of the physical premises of an educational institution, is it not? We continue on to
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(f) In this section: (and in PC §46.03)
(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.
It would seem clear to me that this means the Ancilliary Services building of a school district would be off limits because it is a school according to the law as I read it. I'm not saying that is how it should be, but I believe that, if caught, you'd be prosecuted for violating PC §46.03. That is my opinion; feel free to disagree.
Posted: Mon Apr 02, 2007 9:34 pm
by srothstein
Barres,
I am not sure I would agree with your analysis. The mere fact that a school district owns the building does not make it any part of an educational institution. Consider the District Headquarters building itself. What institution would it be a part of?
Now, we would have a different answer if it were a university administration building. Anything on the campus there would be part of the institution, so the hotel used at the Univ. of Houston as a training hotel is covered by that part.
It can get confusing, can't it?
Posted: Tue Apr 03, 2007 6:49 am
by RPBrown
With animals, who takes care of them, feed, water. If students do this it is off limits for sure. I think if students have access it is even off limits. If not, then I'm not sure.
Posted: Thu Apr 05, 2007 9:03 am
by Big Calhoun
If it's that much of a concern, I would pose the question to DPS or the local authorities. I've only lived here for a year now but everytime I've reached out to a state government agency here in Texas, they have been VERY helpful...DPS, Game Wardens, Irving PD. Big difference from New Jersey where they setup an e-mail system and it would be a month before you got a reply that usually read, "...you need to call XXX XXX-XXX".
