Search found 2 matches

by mloamiller
Fri Nov 11, 2016 3:24 pm
Forum: General Texas CHL Discussion
Topic: CC on county property during school activity
Replies: 11
Views: 1942

Re: CC on county property during school activity

Pawpaw wrote:I think everyone is missing one vital point. The OP's daughter's school choir is participating in the event. That does not mean the school is sponsoring the event.

The law says we can't carry at a school sponsored event. Participation is not sponsorship.
Excellent point related to the specific scenario proposed by the OP, which I missed. In this specific case, I think the OP would be OK to carry, since it doesn't sound like the Veteran's Day ceremony is being sponsored by the school.

There's still a gray area here, however, since it isn't unheard of for a school to sponsor an event somewhere that would otherwise be OK to carry, such as a HS band sponsoring a carwash at a local restaurant.
by mloamiller
Fri Nov 11, 2016 12:52 pm
Forum: General Texas CHL Discussion
Topic: CC on county property during school activity
Replies: 11
Views: 1942

Re: CC on county property during school activity

LucasMcCain wrote:
C-dub wrote:This whole situation is a bit of a gray area. It is generally understood to mean an area that is under the control of the school, but has not been tested in court. If I were not attending this event and happened to be there for whatever other reason I should be okay. The problem for you is that you are attending this event and a child of yours is participating. If I were in your shoes, I would not carry under those circumstances.
This has always been my interpretation as well.
Mine, too, but I started to wonder if the intent of "any grounds or building" was supposed to only refer to parts of school grounds that aren't considered "premises." By 46.035(3), "premises" includes only buildings and specifically excludes sidewalks, parking lots, etc.; meaning you can carry on a school sidewalk. It would make sense if the intent of the "any grounds or building" statement under 46.03(1) was to say "you can carry on a school sidewalk, unless there is a school-sponsored activity on that same sidewalk." This would fit in the full context of 46.03 (1), since it refers specifically to "premises of a school...", then "transportation vehicle of a school...". In other words, the context of 46.03 (1) seems to be specific to a school, so it's logical that "any grounds or building" would also refer to a school. Granted, the inclusion of "building" mucks that up, since buildings would be off limits any way due to 46.035.
PC §46.03. PLACES WEAPONS PROHIBITED.
Text of subsection effective until Aug. 1, 2016
(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;


Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place...
(f) In this section:
(3) "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.
If "any grounds or building" means any area, any where, any time a school sponsored activity is taking place, then if you are in a fast food restaurant, and school bus drives up to unload a bunch of kids on a field trip, you'll have to leave or disarm.

Definitely a gray area; maybe it will get cleaned up in 2017.

Return to “CC on county property during school activity”