Carrying on high school tennis courts question?

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Carrying on high school tennis courts question?

#1

Post by NorthDallas7 »

Hi all,

I have a question about carrying my concealed handgun while practicing my tennis at the local public high school. I appreciate your help.

Here is the scenario:

I am getting back into tennis and I purchased a tennis ball machine and one of the places I like to go practice is at the local public high school here where I live, a city in North Texas. They have really nice tennis courts on the school "premises." However, there is often nobody there and I feel quite vulnerable to anyone that might want to cause trouble.

My interpretation as I recall from my class and also from reading the law is that the outside tennis courts does not constitute being on school "premises" for Concealed carry purposes since they are not "inside" a school building. And since there is no school sponsored athletic event going on there while I am practicing, that also would fall outside the definition of school "premises."

The courts are outside, however they are enclosed by a fence. I don't think the fence would constitute "building" either.

Can you help clarify this for me? Am I within my rights to carry a concealed weapon while practicing tennis on the outside courts at the local high school?

I believe I am but wanted some assurance.

I appreciate your input. Thank You.

ralewis
Senior Member
Posts in topic: 1
Posts: 300
Joined: Thu Mar 31, 2005 12:37 pm

Re: Carrying on high school tennis courts question?

#2

Post by ralewis »

NorthDallas7 wrote:Hi all,

I have a question about carrying my concealed handgun while practicing my tennis at the local public high school. I appreciate your help.

Here is the scenario:

I am getting back into tennis and I purchased a tennis ball machine and one of the places I like to go practice is at the local public high school here where I live, a city in North Texas. They have really nice tennis courts on the school "premises." However, there is often nobody there and I feel quite vulnerable to anyone that might want to cause trouble.

My interpretation as I recall from my class and also from reading the law is that the outside tennis courts does not constitute being on school "premises" for Concealed carry purposes since they are not "inside" a school building. And since there is no school sponsored athletic event going on there while I am practicing, that also would fall outside the definition of school "premises."

The courts are outside, however they are enclosed by a fence. I don't think the fence would constitute "building" either.

Can you help clarify this for me? Am I within my rights to carry a concealed weapon while practicing tennis on the outside courts at the local high school?

I believe I am but wanted some assurance.

I appreciate your input. Thank You.
I think this is one of those gaps in the law we find from time to time. I used to have similar questions when attending my son's Pop Warner football games. A football stadium (a real one) is arguably a building. But what if it was played on a JV field with just seats and a field and a small concession out building and rest room? What about a practice field next to the parking lot? Seems a tennis court would be a similar situation. FWIW, I didn't carry at my son's games regardless of the type of field because it just seemed like too much a a gray area(I tend to be pretty cautious when it comes to interpreting restrictions).

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Re: Carrying on high school tennis courts question?

#3

Post by NorthDallas7 »

Thanks for your input.

Due to me being more vulnerable out there alone on the tennis courts with not a soul in sight, I think I would feel much more unsafe than at the Pop Warner Football game. To me it's all about vulnerability. Well, I hope I get some assurance that's it's legal for the tennis courts. You are correct I think, it's kind of a technicality here or gap. Thanks for your input. Appreciate it.

MeMelYup
Senior Member
Posts in topic: 1
Posts: 1874
Joined: Mon Nov 15, 2010 3:21 pm

Re: Carrying on high school tennis courts question?

#4

Post by MeMelYup »

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.
User avatar

aaangel
Senior Member
Posts in topic: 3
Posts: 934
Joined: Mon Apr 05, 2010 10:06 am
Location: Grand Prairie

Re: Carrying on high school tennis courts question?

#5

Post by aaangel »

Where are you located? We have a tennis league in duncanville high school every monday night. Winter league will start second week of jan. Contact me if you're local and interested. Happy hitting!
'got to Texas ASAIC.

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Re: Carrying on high school tennis courts question?

#6

Post by NorthDallas7 »

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.
Thanks, that is my interpretation. 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."

Anyways, thanks. Appreciate it.

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Re: Carrying on high school tennis courts question?

#7

Post by NorthDallas7 »

aaangel wrote:Where are you located? We have a tennis league in duncanville high school every monday night. Winter league will start second week of jan. Contact me if you're local and interested. Happy hitting!
Hey, that's really kind of you to invite me. I just googled it though and you are about 50 miles from me. I'm up at Frisco. Thanks anyways. I played tennis through the mid 70s, all 80s and 90s and quit around 2000. Just picked up a racket and bought a ball machine and it's coming back thanks to the machine.

By the way...do you carry on the courts? :)

Thanks again.
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 1
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Carrying on high school tennis courts question?

#8

Post by Charles L. Cotton »

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.

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Re: Carrying on high school tennis courts question?

#9

Post by NorthDallas7 »

Charles L. Cotton wrote:
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.

Awesome. Thank you Charles Cotton. I'm beginning to feel much better now about carrying on the tennis courts which are mostly empty without a soul in sight during the times I go at the high school.....usually weekends when school is out, vacation days, etc. And I feel very vulnerable out there alone. Having my weapon with me makes me feel much safer. Thanks again!
User avatar

aaangel
Senior Member
Posts in topic: 3
Posts: 934
Joined: Mon Apr 05, 2010 10:06 am
Location: Grand Prairie

Re: Carrying on high school tennis courts question?

#10

Post by aaangel »

NorthDallas7 wrote:
aaangel wrote:Where are you located? We have a tennis league in duncanville high school every monday night. Winter league will start second week of jan. Contact me if you're local and interested. Happy hitting!
Hey, that's really kind of you to invite me. I just googled it though and you are about 50 miles from me. I'm up at Frisco. Thanks anyways. I played tennis through the mid 70s, all 80s and 90s and quit around 2000. Just picked up a racket and bought a ball machine and it's coming back thanks to the machine.

By the way...do you carry on the courts? :)

Thanks again.
i carry 100% of the time. :fire
'got to Texas ASAIC.

Topic author
NorthDallas7
Junior Member
Posts in topic: 6
Posts: 25
Joined: Wed Aug 29, 2012 6:47 pm

Re: Carrying on high school tennis courts question?

#11

Post by NorthDallas7 »

aaangel wrote:
NorthDallas7 wrote:
aaangel wrote:Where are you located? We have a tennis league in duncanville high school every monday night. Winter league will start second week of jan. Contact me if you're local and interested. Happy hitting!
Hey, that's really kind of you to invite me. I just googled it though and you are about 50 miles from me. I'm up at Frisco. Thanks anyways. I played tennis through the mid 70s, all 80s and 90s and quit around 2000. Just picked up a racket and bought a ball machine and it's coming back thanks to the machine.

By the way...do you carry on the courts? :)

Thanks again.
i carry 100% of the time. :fire
Smart man are you..... :tiphat:
User avatar

aaangel
Senior Member
Posts in topic: 3
Posts: 934
Joined: Mon Apr 05, 2010 10:06 am
Location: Grand Prairie

Re: Carrying on high school tennis courts question?

#12

Post by aaangel »

we play @2030 after all school activities.
'got to Texas ASAIC.
Post Reply

Return to “General Texas CHL Discussion”