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by Charles L. Cotton
Sat Nov 29, 2014 12:32 pm
Forum: General Texas CHL Discussion
Topic: Carrying on high school tennis courts question?
Replies: 11
Views: 1688

Re: Carrying on high school tennis courts question?

NorthDallas7 wrote:
MeMelYup wrote:In the situation you are talking about, as long as there is no school activity going on in your location you are ok. If there were any school event going on in that area it would be a no-go.
Interestingly, I emailed my instructor, and I was surprised to hear him say that he believes premises are pretty much any school property. In fact, I was shocked. That's not my understanding. My understanding in reading the law and interpretations, premises is "inside a building."
"Premises" for purposes of Tex. Penal Code §§46.03 and 46.035 is a "building or portion of a building . . ." Nothing outside the buildings is in/on the "premises." As already noted, you can carry on the tennis courts as long as there are no kids participating in a school sponsored event. Kids can be playing, as long as it is not part of a school sponsored event.

Chas.
Tex. Penal Code §§46.03 & 46.035 wrote:Sec. 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;

. . .

(c) In this section:
  • (1) "Premises" has the meaning assigned by Section 46.035.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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.

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