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by ScottDLS
Wed Dec 01, 2010 11:57 pm
Forum: General Texas CHL Discussion
Topic: School event parking lot question
Replies: 15
Views: 2613

Re: School event parking lot question

Winchster wrote:
Also UIL is University Interscholastic League, so even it it was on "school" grounds it would be college/university...and GFSZA only covers Primary and Secondary Schools. So I stand by my answer, including carry under MPA, if we're talking UIL sponsored event.
Just to clear something up. A High School football game is a UIL event. So is One Act Play, and virtually every other extra curricular event at a high school.

As long as you leave the gun in the car, in the lot, you are fine. With a CHL. Without a CHL it is a different set of circumstances.
Point taken. If event requires parking within 1000' of primary or secondary school, then GFSZA applies.
by ScottDLS
Wed Dec 01, 2010 10:57 pm
Forum: General Texas CHL Discussion
Topic: School event parking lot question
Replies: 15
Views: 2613

Re: School event parking lot question

JJVP wrote:
ScottDLS wrote:[ I'm assuming you have a CHL, although under MPA you would be OK if you kept it in the car even if you didn't.
If you don't have a CHL carrying under MPA would not be OK. Federal law prohibits having a firearm within 1000' of a school. Only exception is if you have a concealed carry license issued by the state the school is in.
Well it WOULD be OK if OP's original question was about the UIL sponsored event, which is how I took it.
...If I go to a stadium for a UIL sanctioned sports event, I think I can do the same, leaving the gun in the car, concealed. Can anyone provide definitive information on this or cite a case?...
I'm assuming he's asking about "event" because it's mentioned in 46.035, not 46.03. This was meant to cover events on non-school property, so GFSZA is irrelevant. Also UIL is University Interscholastic League, so even it it was on "school" grounds it would be college/university...and GFSZA only covers Primary and Secondary Schools. So I stand by my answer, including carry under MPA, if we're talking UIL sponsored event.
by ScottDLS
Tue Nov 30, 2010 10:13 am
Forum: General Texas CHL Discussion
Topic: School event parking lot question
Replies: 15
Views: 2613

Re: School event parking lot question

gdanaher wrote:I've read the book, I've asked 2 CHL instructors, I've asked local police officers, and I've offered the question the the DPS who kindly deferred to the local police. There is no consistent answer. Here's my question: As I read the law, I can drive through a school parking lot and drop off my child. I can park and go in leaving the pistol in the car, concealed. If I go to a stadium for a UIL sanctioned sports event, I think I can do the same, leaving the gun in the car, concealed. Can anyone provide definitive information on this or cite a case? Some folks tell me that I will be arrested if a gun is found in the car, others say no, it is not inside the facility. I don't think there should be that much confusion about this, but obviously, there is. Please offer your thoughts.
The prohibition on carrying at an interscholastic event is contained in PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. I'm assuming you have a CHL, although under MPA you would be OK if you kept it in the car even if you didn't.

You are prohibited from carrying on the "premises" where the event is taking place and premises specifically excludes the parking lot, so you should be OK.

If you were on school "grounds" and the event were taking place in the parking lot, you may have an issue under 46.03, although that is not the situation you described.
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
...
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
...
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
...
(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.

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