Showdown in San Angelo boat races

[H6RBW]

So, my wife's parents have invited us to go to the "Showdown in San Angelo" boat races this weekend:
http://www.showdowninsanangelo.com/

I have never been to this event before, and neither have the in-laws. I see nothing on the event's website addressing concealed carry or weapons one way or the other. From what I can tell, the land around Lake Nasworthy is owned by the city. So it shouldn't be 30.06 posted, but I was wondering if anyone who has been before could confirm whether it was posted in the past.

Also, it occurred to me that these boat races probably qualify as a "professional sporting event" for purposes of Penal Code Sec. 46.035. But, that sporting event restriction only prohibits carry on the "premises" of the sporting event, and premises is defined as "a building or a portion of a building." As I understand it, spectators at this event are just sitting in lawn chairs in the grass next to the lake - meaning no "building" and, thus, no "premises." So, I would think Sec. 46.035 wouldn't prohibit concealed carry there. Again, input from someone who has attended this before would be appreciated.

[ElGato]

sound's to me that you are good to carry there.

[kjolly]

I was proud to have been a friend of one of the Nasworthy family that donated the land for this lake.

[Rex B]

Interesting interpretation. That would mean almost any outdoor professional sporting event would be open to CHL carry.
Drag races? Football games? NASCAR race?

[Keith B]

Interesting interpretation. That would mean almost any outdoor professional sporting event would be open to CHL carry.
Drag races? Football games? NASCAR race?

Well, I think a stadium is going to be considered a building. Also, if it is a permanently fenced area like for drag races, then you might be in a gray area. Otherwise, it is up to the CHL's discretion on if they feel they are in the clear to carry or not. Interpretations widely vary from person to person.

[snatchel]

I live in Angelo... Went last year and carried. YMMV....

[H6RBW]

snatchel,

Is the set-up pretty much as I described - sitting in lawn chairs out in the grass?

[johnson0317]

Interesting interpretation. That would mean almost any outdoor professional sporting event would be open to CHL carry.
Drag races? Football games? NASCAR race?

I believe, and I have not read it recently, that if the area can be locked, such as most stadiums, then it is considered a building (premises) as far as the law goes.

RJ

[H6RBW]

I agree that a stadium would qualify as a building. I was also interested in you guys suggestions of something being "permanently fenced" or "if the area can be locked" as factors to think about. I decided to look for some case-law on that and came across a 1976 Court of Criminal Appeals opinion, Day v. State, 534 S.W.2d 681:
http://www.leagle.com/xmlResult.aspx?xm ... -1950-1985

The Day opinion centers on the definition of "building". Obviously, in 1976 concealed handgun licenses didn't exist, so the Day opinion was looking at it in the context of the burglary statute. Day was charged with cutting through a "chain link fence and a taking of property from the concrete block structure." The Court determined that the fence did not constitute a building, either on its own or in conjunction with the "concrete block structure". The opinion says:

The cutting and entry through the chain link fence in this case, although in violation of V.T.C.A., Penal Code Sec. 28.03, Criminal Mischief, in its injury to the owner's interest in the fence, and in violation of V.T.C.A., Penal Code Sec. 30.05, Criminal Trespass, in its injury to the owner's interest in the premises enclosed by the fence, nevertheless was not an entry into a building in violation of V.T.C.A., Penal Code Sec. 30.02, Burglary, which is designed to protect the interests of owners in the security of habitations and buildings as those terms are defined in Sec. 30.01. If a burglary was committed, it was not until the concrete block structure was entered.

And, in the end, the Court decided that even the "concrete block structure" was not a building - because it had three large, permanent openings that could not be closed. Based on that, I feel pretty confident that carrying at this boat race should not be a problem.

[ricor]

The real question is this a Corp of Engineers Lake?

[H6RBW]

Doesn't appear to be:
http://corpslakes.usace.army.mil/visito ... m?state=TX

[Photoman]

I think you would stand a good chance of taking a ride if found out. That's my opinion and every response you get will be an opinion because the courts have never ruled on a situation like the one described.

[smoothoperator]

Conceal good and bad cops won't be a problem.

[shooter76blue]

Been to the races and carried with no problem.