Author Topic: What building laws are changed when facility is leased?  (Read 530 times)

mvaughn25

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What building laws are changed when facility is leased?
« on: August 08, 2017, 10:38:09 AM »
Municipalities cannot ban carry, but individual parties can when they lease municipal property. Gun shows lease the coliseum in Ft. Worth and do this, and the organization that leases and maintains the Ft. Worth City Zoo does the same. Are restrictions based on the owner or the lessee? The fact that property leased by a municipality, but owned by someone else, has laws applied to it as if it was city owned seems to imply that laws are more pointed the lessee than the actual owner.

How does this apply to organizations that lease school district property for private events? Does the property lose designation as a school and become a private location during the duration of that lease? I see other cases where the ability to allow or restrict firearms is based on the lessee and not the property owner, but this does not appear to be a clear designation with school district property. Most items I have found to read on this simply conclude that a court has yet to clarify the interpretation and it is best to apply the most restrictive interpretation to be safe.

This could apply many ways, leasing unused property long term, a school building for a day, an athletic facility for a few hours, etc.

TexasLawShield

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Re: What building laws are changed when facility is leased?
« Reply #1 on: August 11, 2017, 01:26:45 PM »
mvaughn25,

The Texas Government Code does not permit a governmental entity to legally post 30.06 and 30.07 signs on a building “owned or leased by a government entity.” So if the government owns the property, the government may not post no carry signs. Similarly, if the government leases the property, the government may not post the signs.

Unfortunately, when a private company leases the building and posts no carry signs, there is no law preventing the private lessee from doing so. This creates a kind-of loophole for private lessees on government owned property. The government may not post the signs, but the government can give the right to post signs to the private lessee in the lease contract. According to the Office of the Attorney General of Texas, as long as the government does not instruct the lessee to post 30.06 or 30.07 signs, the private lessee may legally post no carry signs. The signs will have the force of law.

Does school lose designation?
Unfortunately, school district property never ceases being classified as school district property. According to the Office of the Attorney General, this means you can never carry on property owned by a school district, regardless of who is leasing it. 

mvaughn25

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Re: What building laws are changed when facility is leased?
« Reply #2 on: August 13, 2017, 09:45:26 PM »
Thank you for the answer. I had wondered about that, since both the owner and lessee appeared to have the rights to determine (or inability to determine) carry rights in various situations.