In Texas, for CCW purposes, are "daycares" considered "schools"

[Quoheleth]

In Texas, it is a big no-no to carry your weapon on any school grounds, campus, athletic field, gym, etc. You may leave it in the car, though, if you work there (and the District does not have specific rules against it) or if you are picking up your kid or attending an athletic event.

My son goes to daycare. With the anticipated arrival of my Texas CHL one of these days, I'm wondering if, in Texas, daycares are considered to be schools, thus requiring me to disarm before entering.

To be clear, this is a private daycare, owned by a family. The building is not marked in any way with a 30-06 sign and I do not recall reading any firearms prohibition in the parents handbook. I would prefer to not draw attention to myself and other CHL holders by directly asking "Mind if I pack my heater while dropping off my son?" (Seriously...I would not ask in that manner...)

I've read the State CHL handbook and it doesn't address daycares. On the Texas CHL forum, the discussion seems to center on the definition of school as a place where education is mandated by the state, thereby making it Kindergarten thru 12th grade. Basically the argument is because daycare is not state mandated, it is not a school.

While daycares are not goverened by the State Board of Education, many of the other State Boards that also oversee schools or have authority in schools cross-over to daycares. Strictly, daycares are goverened by the DFPS (Dept. of Family and Protective Services).

Seems to me daycares are a bit of a grey area. Any Texans want to give this one a best guess? I would prefer to hear from a lawyer now instead of having to hear from a lawyer "downtown."

Thanks,
Q

 

[WardenWolf]

Are daycare operators licensed educators or licensed in an educational fashion? In most places, no. Generally all they're inspected for is cleanliness and safety. Texas law should clearly define what is and is not an educational institution.

 

[bdickens]

NO.

Actually, it is a big no no to carry on the premises. Premises is defined in the law as the actual building.

 

[jfrey]

They aren't directly addressed and I have never seen where day cares were listed as educational institutions. They don't meet the criteria as I understand. They are not governed by Texas Education Code so if privately owned and not properly posted, they wouldn't be covered by 46.03.

 

[Prince Yamato]

Some daycares are even run by churches or in some cases are available in office buildings. I don't believe they are governed by the Texas Board of Education. I would presume that it is not illegal to carry there. Just make absolutely sure that your gun is in a secure holster and that it is well concealed.

 

[flipajig]

check your hand book and the law it might have changed cince i took my corse premices means inside the school and on the sidewalks. unless you have permision to carry in the school and just to be safe i would get it in writing

 

[wyocarp]

Seems to me daycares are a bit of a grey area. Any Texans want to give this one a best guess? I would prefer to hear from a lawyer now instead of having to hear from a lawyer "downtown."


A daycare is NOT a school and does not meet the criteria in regards to your permit.

 

[Flintknapper]

http://www.texasshooting.com/TexasCHL_Forum/viewtopic.php?f=7&t=23353&p=264879&hilit=daycare#p264879

Come join us at the link above, you can search it out there.

Flint.

 

[Spreadfire Arms]

daycare is not a school.

 

[TexasRifleman]

check your hand book and the law it might have changed cince i took my corse premices means inside the school and on the sidewalks.

It's usually best to post and read the actual law.

Texas Penal code 46.035 defines premise as:

(3) 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.

So, sidewalks are NOT premise, even if the sidewalk is private.


Texas Code also defines private schools:

(6-a) "Private school" means a school that:

(A) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and

(B) is not operated by a governmental entity.

And the weapon laws say:

on the physical premises of a school or educational institution

 

[Quoheleth]

TexasRifleman,

Thank you for citing Texas Code.

If I am reading it correctly, that means "daycare" = school. That means CCW into the building is a no-no.

That adds a wrinkle to my daily carry plans, but I would rather figure it out now than have a wrinkle in my new Day-Glo orange jumpsuit.

Q

 

[Deltaboy1984]

Contact your lawyer

 

[philbo]

I believe a Day Care in Texas will be treated as a school if it meets the following:

(7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. Human Resources Code Sec. 42.002

I got to that definition by working through the code as it is referenced under the CCW laws because this would be the penalty for carry in an weapon free school zone:

PC 46.11. PENALTY IF OFFENSE COMMlTTED WITHIN WEAPON-FREE SCHOOLZONE.

(c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code.

Which leads us here:

Health & Safety Code Sec. 481.134
(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.

 

[TexasRifleman]

Keep in mind that you can get an exemption to the carry rule from a school.

Maybe a talk with the manager of the place would get you some statement in writing allowing CCW, then no worries.

You're a paying customer.

Couldn't hurt to ask.

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;