School Parking Lot - Band Practice

[Abraham]

As a CHL holder can I legally drive through or even cycle through a school parking lot with my concealed weapon - if band practice (as an example) is under way in the parking lot?

In other words: Does the presence of a school type activity (other than driving into and parking) render the parking lot off limits to CHL holders and concealed carry while such activity is under way?

Thanks!

[Keith B]

As a CHL holder can I legally drive through or even cycle through a school parking lot with my concealed weapon - if band practice (as an example) is under way in the parking lot?

In other words: Does the presence of a school type activity (other than driving into and parking) render the parking lot off limits to CHL holders and concealed carry while such activity is under way?

Thanks!

Unless the band is Aerosmith, then it would be a school sponsored function, so yes.

[RPB]

As a CHL holder can I legally drive through or even cycle through a school parking lot with my concealed weapon - if band practice (as an example) is under way in the parking lot?

In other words: Does the presence of a school type activity (other than driving into and parking) render the parking lot off limits to CHL holders and concealed carry while such activity is under way?

Thanks!

Unless the band is Aerosmith, then it would be a school sponsored function, so yes.

However ...
My nieces' high school has Parking Lots A, B, C and D (teacher's/Staff/Bus parking lot, visitors lot, Senior lot, and students who aren't Seniors lot

My niece's marching band practices in High School Parking lot B which is marked off like a football field so they can know the yard line...

So, to pick her up I have to wait in Parking Lot C, where cars are parked and people wait to pick up kids, Parking Lot C is separated from Parking Lot B by a grass median about ten to 15 feet wide ... no school activity is occurring in Parking Lot C, just cars waiting to pick up kids ... The parking lot C, being exempted from the definition of Premises, and having no school sponsored activity upon it .... is what I'd tell the Judge if it came to it.

Sometimes I might sit on the grass median with other parents who are waiting and visit on that grass which separates Parking Lot C where we park from Parking Lot B, where they practice. School isn't sponsoring us waiting, and we aren't on the parking lot where any school sponsored activity occurs ... it's 5 to 7 feet away or so depending where we sit in the grass.
That small distance, 5 to 7 feet (or 6 inches even) is as important a distinction to me as ...the thickness of a door ... of a "Premises" it might be a thin door, but an important boundary legally.

[C-dub]

Whoa! Really? Even if the gun stays in the vehicle?

[Greekguydave]

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
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.

[tornado]

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b)(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;
(f)(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.

I edited the quote by Greekguydave in bold red to clarify the references for someone looking them up. That is, the (2) and (3) above aren't part of (a). 46.035

Also, (b) is more important that (a) if you keep it concealed:
(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:

So it looks to me like the parking lot is fine.

Keith B or anyone else -- are Greekguydave and I misreading this?

[RPB]

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;




(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

So, not only the "premises" as defined in §46.035., but one must also note "grounds" and "building" as they apply to school sponsored activities in 46.03

The parking lot upon which a school sponsored Band Practice occurs is part of those grounds probably, as would be the football field if they practiced on it, or a grassy courtyard beside the parking lot, if that's where they practiced.

I'm probably living on the edge by making any distinction between parking lot B and parking lot C and the grassy area separating them when it comes to "grounds" ... I guess I should seek a definition of "grounds" ..

[tornado]

Oh yeah. I knew that. Brain malfunction. Can't afford those.

[RPB]

I'm thinking near the cafeteria and Teachers' lounges I smelled coffee grounds .... avoid those grounds...

any grounds ... on which an activity sponsored by a school or educational institution is being conducted

Like I said, I make a distinction in the two Parking lots where a school sponsored activity is being conducted on one... BUT NOT THE OTHER that's probably pushing the definition using those few feet of separating grass, but it's a risk I'm willing to take to be safe and keep kids safer and "I think" I'm legal in my layman's opinion on a separate parking lot ... I could be wrong. IF I'm wrong, (and I don't think I am) I choose to err on the side of real safety rather than "what others think is safer". I'd never intentionally violate the law though. If a court ever needs to clear up what I perceive as ambiguity in parking lot separation and numbering, there'll be a reason why I intentionally failed to conceal in a parking lot, a defense of "necessity, and I imagine a jury would be thanking me.

[Deltaboy]

Call a Lawyer but mine told me that as long as I was in my car and didn't get out I was ok.