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by zero4o3
Mon May 23, 2011 4:30 pm
Forum: General Texas CHL Discussion
Topic: "It's a lead pump...."
Replies: 29
Views: 3444

Re: "It's a lead pump...."

The Annoyed Man wrote:
esxmarkc wrote:I'm not knowingly going to attend an "activity sponsored by a school" while carrying but I'm not going to dive out a window if a random one shows up where I'm at.
Exactly. There is no way on God's green earth that anyone can make it stick in court, otherwise ALL potential locations where a school sponsored activity might suddenly appear would suddenly become arbitrarily off-limits to CHLs whose presence is in no way related to the school activities in question. That is absurd on its face, and it flies in the face of the legislative intent of those who passed the laws in the first place. If that were the real standard, it would effectively disarm all CHLs, for fear that an unforeseen school activity happened to show up where they were eating/buying gas/driving/borrowing library books/visiting museums/etc., ad infinitum. Can you imagine? If this was literally the legislative intent, then I would have to stop pumping gas into my car and leave in a hurry just because a school bus full of teenagers pulled in long enough to let somebody use the restroom. That's crazy. Don't try to sell me crazy, I'm all full up.

If I am sitting in a pizza joint, minding my own business, and I was there first, and some booster group shows up out of the blue, I'm not leaving. THEY can leave. I'm finishing my pizza and rootbeer before I go anywhere.............not to mention that "concealed is concealed."
maybe what you consider a school sponored activity and what I do differ, I dont recall ever taking a tour of cici's for a class field trip ;-) just like I dont recall ever being anywhere that a school sponsored activity was taking place.

to be clear, I am not trying to say I think that if you see school kids at your location that location is off limits

Teamless wrote:
zero4o3 wrote:could you post it?
Nope, cant post it, as obviously it is not there.

They showed up, when I was there. I didn't ask them to come and can't tell them to leave. But since I am not with them, there is no association and no intent.
in your previous post you said that if you where in a building and it met what you felt to be the requirements of a school sponored activity you wouldnt leave because you were not part of the group, I just dont understand why you think being part of the group is a requirement to be in violation
by zero4o3
Mon May 23, 2011 3:36 pm
Forum: General Texas CHL Discussion
Topic: "It's a lead pump...."
Replies: 29
Views: 3444

Re: "It's a lead pump...."

Teamless wrote:
zero4o3 wrote:, if your playing putt putt, and the entire 3rd grade class shows up, and your aware its a school event, I think you fall into "knowingly
Unless your kid was in that 3rd grade class, and you "just happened to be there", well then yes, you should have known and need to disarm, but if I (no kids) go to Putt Putt and 97 school buses show up with kids, all showing Clear Creek School District on them and signs saying "We are a school sponsored event", I would continue to play on and carry my weapon, I am in no way affiliated with them. Therefore the activity I AM DOING, is not school sponsored, nor affiliated with them whatsoever.
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;
I am having trouble locating the exception for not having a kid, I see were it says if you KNOW a school sponsored event is going on and your in the same building / on the same grounds of it your in violation, I just cant find the exception for not having kids. could you post it? ;-)
by zero4o3
Mon May 23, 2011 3:17 pm
Forum: General Texas CHL Discussion
Topic: "It's a lead pump...."
Replies: 29
Views: 3444

Re: "It's a lead pump...."

esxmarkc wrote:
Also, 46.03 says "intentionally, knowingly, or recklessly". This is a pretty high standard to meet if a school sponsored function just happened to show up where you are...
LOL Ya beat me to it - just edited my post to reflect that!!!
now your definition of a school sponsored activity may differ from mine, but with the example we used earlier, if your playing putt putt, and the entire 3rd grade class shows up, and your aware its a school event, I think you fall into "knowingly"

and if you were exposed some how you would likely be explaining your case infront of a jury

I doubt the police officer who is arresting you is going to care that you think the law implies property under the direct control of the school.

to each their own though, I doubt I will ever be anywhere a school activity is being held
by zero4o3
Fri May 20, 2011 4:54 pm
Forum: General Texas CHL Discussion
Topic: "It's a lead pump...."
Replies: 29
Views: 3444

Re: "It's a lead pump...."

Teamless wrote:
zero4o3 wrote:to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.
I am not sure I understand what you are saying

Are you saying: I am sitting in McDonald's and a bus rolls up and 40 school kids that just arrived from a match are coming to eat, I now have to leave? Or, I am at the local Putt Putt playing a round and a school shows up for some event, I now have to leave?

Sorry, I read your statement 4 times and can't quite get the gist of what you are saying.
Yes if your playing putt putt and before finish your game "an activity sponsored by a school" is held you would have to leave or disarm, no were does it require you to be a part of the activity, only on the grounds of or in the building
by zero4o3
Fri May 20, 2011 3:35 pm
Forum: General Texas CHL Discussion
Topic: "It's a lead pump...."
Replies: 29
Views: 3444

Re: "It's a lead pump...."

BrianSW99 wrote:
LR95S97 wrote:Our school district does not consider 'cheer' a sport. If the sport does not qualify as an Olympic sport, then our district does not consider it a sport?!?!?!? Ever try to do a back tuck or standing full? These girls are extremely talented and could whip the chess team!

I never thought about being in violation of 46.035 while carrying at an off-site booster club function.

After reviewing the fineprint of 46.035, my intpretation is that the 'on the premise where a high school sporting event is taking place' of 46.035(b)(2) does not apply since cheer is not considered a sport by the school district.

I intend continue to carry at off-site booster club events.
The applicable statute is not 46.035, it would be 46.03(a)(1) which applies to any school event, not just a sporting event:
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;
Still, my thought is that the booster club is a private org and this would not apply to it.

While I agree with you that in this case it would not apply.

to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

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