Two pro-gun attorneys do a deepish dive into legal carry dos and don’ts near schools, and its pretty useful stuff.
“Can you legally carry a firearm within 1,000 feet of a school? Does a Texas License to Carry protect you under the federal Gun-Free School Zones Act? Can you carry while walking your child to the entrance—or must you remain inside your vehicle? Armed Attorneys Emily Taylor and Richard Hayes take a deep dive into Texas school carry laws and the federal Gun-Free School Zones Act. They explain the major differences between Texas LTC holders and non-license holders, where Texas law prohibits firearms, and what ‘school premises’ actually means under the Texas Penal Code.”
Richard Hayes: “And the place to find this law just as our framework is Texas Penal Code 46.03.A1. This is our school school sponsored activities.” Let’s quote that:
Places Weapons Prohibited
a)
A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons)(a):
(1)
on the premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary educational institution is public or private, unless:
(A)
pursuant to written regulations or written authorization of the school or institution; or
(B)
the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, and no other weapon to which this section applies, on the premises of a postsecondary educational institution, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
“Postsecondary educational institution” is college, and they’re not going to get into campus carry stuff here, though they do note the laws are different between public and private, since private can completely ban carry if they want to.
RH: “Today we’re talking about K through 12 schools. And I think the first thing to point out here, we’re really talking about three places. Premises of a school, school sponsored activities, and then passenger transportation vehicles.”
RH: “It’s really, really important to hone in on [that exception], written authorization from the institution or somebody— Of, let’s say, the school board, or the principal or the superintendent, they can write, hey, this person is allowed to carry here.”
Emily Taylor: “If you think you can get written authorization, get it personalized to you and keep a snapshot of it, you know, on your person, if not the a copy of the actual document itself, just in case, because you don’t want to get arrested for that felony and have to prove it later. Getting arrested for a felony sucks and is expensive and they’re not giving you your bond money.”
They’re also not getting into the armed teacher’s etc. programs.
“The other word I want us to hone in on here is premises. And we define it and it means something really specific. In this section, 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. So, we’re talking about the building.”
ET: “This is again something that is very misunderstood. Most gun owners in Texas don’t realize you can carry, I mean, frankly, open or concealed, although open carry in this situation is going to get you a lot of unwanted attention, but you can carry up to the doors of the school. you just cannot cross the threshold while you’re carrying unless you fall into an exception.”
ET: “Now, not only do most carriers not know that, but again, we have DA’s offices and local law enforcement who will threaten to arrest people for going through the school drop off and pickup line while armed. So, that’s not against the law, but lots of people read the statute and don’t bother to figure out what premises means.”
RH: “We do need to spend just a little bit of time on school sponsored activities. And there’s really three key components here that you need to be aware of. So it has to be in a location that’s owned and under the control of the school, and a school sponsored activity needs to be taking place in that location. So if it’s missing one of those prongs, okay, you have private property, school sponsored activity there. Hey, guess what? It doesn’t satisfy that requirement.”
But! RH: “Parking lot. Generally not going to be part of the premises. Not a big deal. But if a school sponsored activities taking place there, well now we have land, you know, a location that’s owned under the control of the school, an activity is taking place there, that falls into probably a prohibited place category. Yep. Band practice, field day, right. Something to that effect where it wouldn’t normally be prohibited because it’s not the premises, but all of a sudden you got a school sponsored activity. You’ve got to be prepared to disarm yourself in that situation.”
RH: “The other thing folks need to be aware of is the Federal Gun-Free School Zones Law passed out of the ’90s.”
RH: “Generally it’s illegal to possess or carry a firearm within 1,000 ft of the grounds of a school. So, we’re talking property line, not a building here, but I think the exceptions are kind of the key part here because, you know, there are some big exceptions.”
ET: “It does not apply to the possession of the firearm on private property, not part of the school grounds. So, if you live within 1,000 ft of the school, well, you’re accepted there.”
ET: “Another exception, and this is the one that covers, I think, most of us, is if you have a handgun license from the state in which the school sits. So, you’re in a Texas school zone, it’s got to be a Texas license. If you’re one of those people who likes to carry under a Florida non-resident license while you’re in Texas, doesn’t cover you there.”
RH: “If the firearm is unloaded and locked up. All right, so if you’re passing through the school zone, maybe this applies.”
RH: “And I think it’s worth noting here. Do we see people get prosecuted for violating federal gunfree school zone law by itself?”
ET: “No, I’ve never seen it.”
RH: “Usually it’s tied in connection with something else going om”
ET: “Drugs.”
RH: “And then if the school contracts with somebody, let’s say security guard or whatever. All right, that those folks are accepted. And then the last one is let’s say you’re on foot, not in a vehicle, and you’re passing through to get to hunting grounds. We have that as well.”
Breaking it down: ET: “License holders following the law. Non-license holders, not so much.”
RH: “So can a Texas license to carry holder carry within 1,000 ft of the grounds of a school?”
ET: “Yes, absolutely.”
RH: “The next one folks have is school pickup and drop off. Now there’s been a lot of controversy about this.”
ET: “The the best argument is still a failing argument, but the best argument the schools have when they try to prosecute you for such a thing is saying that the school pickup and drop off is a school sponsored activity. Uh, no.”
ET: “Where the school will try to get people is, let’s say you’re going through the line, you get out of your car to help your child into the car and they say, ‘Aha, I saw your gun for a second there. We’re going to call local law enforcement. We’re going to call the DA.”
ET: “We have we have negotiated those on the front end, and we have never ever seen someone— I think we saw we had one guy actually arrested and it was quickly dismissed. But for the most part, people call us, we start talking to them right on the front end and it’s like even the local DAs who were terrible will finally agree like, yeah, okay, I don’t think that was really a violation of law.”
Bigger school districts are the ones that seem to be trying to get lawful gun owners in trouble on technicalities.
ET: “I think we have one more sort of complicated issue that people ask about a lot which is what if my car is parked on the school grounds and is it different if I work at the school?”
RH: “The answer to that is no. And we actually have a very good law on this. So this is Texas Education Code 37.0815 and this is our transportation or storage of firearm and ammunition by license holder in a school parking area.”
ET: “This is for people who are employees of the school district. So long as they have a license to carry and so long as their vehicle is locked and inaccessible and the firearm is concealed in the vehicle, they cannot be fired for having a gun in the vehicle.”
RH: “And there’s three things to trigger this protection. The firearm has to be concealed. The vehicle has to be locked. And you have to have a license to carry.”
This seems like pretty useful stuff, as the State of Texas has provided lots of legal protections for LTC holders.
This entry was posted on Sunday, August 2nd, 2026 at 12:39 PM and is filed under Guns, Regulation, Texas, video. You can follow any responses to this entry through the RSS 2.0 feed.
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