I have an interesting similar situation. A local middle school backs up onto a city built bike trail. It is not clear where the school property ends and a city built park including a softball field begins The PE classes from the school routinely use the city's bike trail up to a half a mile away from the school buildings. So I can be out walking my dog on the city's trail and suddenly I'm in the middle of the PE class. While It is clear that I"m OK if I'm not close to the buildings, the trail crosses the road where the softball field starts. I could probably make a case, if I ever had to, that since the school never uses the softball field that it is city not school property and "school activity" rule doesn't apply. This is just one of the reasons that I don't OC. I doubt that I would get my dog walk in without LE help.srothstein wrote: ↑Fri Sep 30, 2022 1:57 am
The premises are just the buildings, but the grounds are also prohibited when a school sponsored activity is taking place. The school was open for business at the time this occurred and it was an elementary school. It is going to be interesting to see what activity was taking place and on what part of the grounds. For example, if he cut through the playground area while recess was going on and kids were out, the school has a case against him. But if he just cut across an open yard and all the kids were inside the building, I think they do not have a case. Do classes inside the buildings count as a sponsored activity on the grounds? Can't have the building without the grounds, so it might, but I don't think so based on how the law is written.
Since it is Harris County and an otherwise innocent person carrying a gun was involved, I bet the DA prosecutes him as much as he can.
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Return to “Man is arrested for walking his dog near a Texas school”
- Fri Sep 30, 2022 6:52 am
- Forum: General Texas CHL Discussion
- Topic: Man is arrested for walking his dog near a Texas school
- Replies: 7
- Views: 3372
Re: Man is arrested for walking his dog near a Texas school
- Thu Sep 29, 2022 9:35 pm
- Forum: General Texas CHL Discussion
- Topic: Man is arrested for walking his dog near a Texas school
- Replies: 7
- Views: 3372
Re: Man is arrested for walking his dog near a Texas school
From the article.
It would be interesting to understand what school activity was taking place. By that standard, a parent dropping off their child with their personal car and exiting that car even briefly would be a violation. If the man does not have an LTC, I guess that he would be in violation of the Federal rule but not the State one. Apparently, he was OC or noone would have known.Still, under the Texas Penal Code, citizens are prohibited from carrying firearms on the premises of a school, including any grounds or buildings where a school activity is taking place.