A small school district in Texas that operates a single K-12
public school has authorized teachers to carry guns. For
employees to carry a pistol, they must have a Texas license to carry a
concealed handgun; must be authorized to carry by the district; must
receive training in crisis management and hostile situations; and must
use ammunition designed to minimize the risk of ricocheting bullets.
A group of parents is upset about the fact that guns will be present in
the school and has asked you whether any constitutional challenge to
the gun policy is possible. In considering the answer to this
question, you should consider the following provisions of the Texas
Constitution:
Every citizen shall have the right to keep and bear arms
in the lawful defense of himself or the State; but the Legislature
shall have power, by law, to regulate the wearing of arms, with a view
to prevent crime. (Article 1 - BILL OF
RIGHTS - Section 23 - RIGHT TO KEEP AND BEAR ARMS)
A general diffusion of knowledge being essential to the preservation of
the liberties and rights of the people, it shall be the duty of the
Legislature of the State to establish and make suitable provision for
the support and maintenance of an efficient system of public free
schools. (Article 7 - EDUCATION - Section
1 - SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS)
Texas gun laws permit the school district to adopt such a policy:
§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person
commits an offense if the person
intentionally, knowingly, or
recklessly possesses or goes with a
firearm, illegal knife, club,
or prohibited weapon listed in Section 46.05(a):
(1) 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;
(2) on the premises of a
polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any
government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a
racetrack;
(5) in or into a secured
area of an airport;
or
(6) within 1,000 feet of
premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A)
going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B)
possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under
Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.