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Can I Carry at a School Board Meeting in Texas?

Robert Greene, Legislative Director, Texans for Concealed Carry

So the question has come to pass if it is legal to carry at a meeting of a school board in Texas.

After researching the statutes, and confering with a few other instructors, a police captain and a couple of attorneys, the general consensus is "probably not a good idea."

Several statutes being reviewed here are those speaking with Places Weapons Prohibited (46.03), Unlawful Carrying of a Handgun By a License Holder (46.035), and Trespass by Holder of License to Carry a Concealed Handgun (30.06).

Under PC 30.06(e), the law states that it is an excetion ot the application of the section that the property is owned or leased by a governmental entity and is not a premises or other place prohibited under 46.03 and 46.035. The which we must then defer to those sections.

Under PC 46.03(1), the law states that it is an offense on the physical premises (in the building) of a school or educational institution, and grounds or building on which an activity sponsored by a school or educational institution is being conducted, etc.

Under PC 46.035(c)(i), the law states that it is an offense under the CHL law if they carry at any meeting of a governmental entity so long as they are given effective notice under PC 30.06.

So taking these into consideration, specifically for the purposes of determining if a CHL holder can carry at a school board meeting, the prohibition is being addressed as follows:

1) A school board meeting is a governmental entity meeting since school districts are supported and regulated by tax dollars. Therefore they must post 30.06 if they wish to prohibit carry at the meetings.

2) A school board meeting, might be considered by some, as an activity sponsored by a school or educational institution, which would therefore be a specific location prohibited for concealed carry no matter where the meeting was taking place.

3) The building in which the school board meets is owned by the school district, which is a governmental agency and paid for by tax dollars, so the building falls under the exception to application rule in 30.06(e) as a public building, but then you must refer back to 1 and 2.

The reasonings and rules for this particular situation tend to create a circular legislation, but it is most likely safe to assume, that 30.06 signage posted on district buildings that are not an actual school, are enforceable during official meetings of the school board. Any other time, the building would then revert back to step 3 above until the school board reconveins.

This is not to say you may not be arrested at any time while carrying in a particular building at a school district central administration. And then of course you will be on the hook for all the applicable bail fees and attorney's fees that follow.

While there is not a lot of specificity regarding this particular discussion in case study, it would most likely be advisable to practice caution if ever you attend a school board meeting no matter where it takes place.

Robert Greene, Legislative Director

Texans for Concealed Carry,

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