Author Topic: Carry at Night School  (Read 330 times)

NJ102639

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Carry at Night School
« on: July 14, 2017, 06:05:47 PM »
I understand that we canít carry in schools to pickup our children.  Last night I watched a force training video which took place in a school.  Of course there were no children, just adults.  My question is what if it is an adult school, perhaps night school.  I have attended night school without a child in sight, just grownups.  I have a CHL, would I be able to carry in adult school?

Thanks,
Rich L.

TexasLawShield

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Re: Carry at Night School
« Reply #1 on: July 20, 2017, 10:44:42 AM »
NJ102639,

The answer is No. The law dealing with this situation clarifies that a CHL is legally irrelevant. Also, the penalty for violation carries a Max Prison Sentence of 5 years.

"e.Firearms or other weapons in educational institutions.

(1)Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card."


NJ102639

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Re: Carry at Night School
« Reply #2 on: July 20, 2017, 01:50:15 PM »
Thank You.

Rich L.

SirBobsalot

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Re: Carry at Night School
« Reply #3 on: July 25, 2017, 11:23:17 AM »
I have a question about carry on school grounds.

I work in the construction industry and I visit a site regularly that is going to be an elementary school.  My question is "at what point during construction do all applicable no gun laws apply?"

I can't imagine that they would apply to a concrete slab in an open field, but at some point they would.  Is it when they put doors on the building?  Is when it first becomes occupied?  Is it when proper 30.06/30.07 signs are posted?

I was really hoping to not have to speak on the phone with an attorney.

TexasLawShield

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Re: Carry at Night School
« Reply #4 on: August 02, 2017, 03:12:52 PM »
SirBobsalot,

Yours is an interesting question and like most interesting questions, there is no clear-cut answer. The law does not define when a building-under-construction becomes a building. The broadest interpretation is that a site becomes a building when there are any improvements to real property. This would mean  that a concrete slab in a field is a building because it is an improvement to real property. The narrowest interpretation might be that a site becomes a building when the first person enters its doors.

Because there are so many different interpretations, a law enforcement officer or prosecutor might take the stance that a concrete slab is a building and as a result, charge you with carrying a firearm within a school. While this is unlikely, it is still a possibility. Therefore, the safest thing to do is to leave your gun in the vehicle as soon as there are any improvements to real property.

SirBobsalot

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Re: Carry at Night School
« Reply #5 on: August 04, 2017, 06:37:00 PM »
Thank you for your answer.