School Premises

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


n5wd
Senior Member
Posts in topic: 2
Posts: 1597
Joined: Sat Aug 06, 2011 1:16 am
Location: Ponder, TX

Re: School Premises

#16

Post by n5wd »

gdanaher wrote:
n5wd wrote: Of course, I'm just someone that works inside one of those buildings most of the day...
Wayne, I read your bio and I offer my condolences for your loss.
Thanks!
NRA-Life member, NRA Instructor, NRA RSO, TSRA member,
Vietnam (AF) Veteran -- Amateur Extra class amateur radio operator: N5WD

Email: CHL@centurylink.net

flechero
Senior Member
Posts in topic: 1
Posts: 3486
Joined: Thu Dec 06, 2007 5:04 pm
Location: Central Texas

Re: School Premises

#17

Post by flechero »

Even if you felt the need, it is unlikely you could use a weapon and then justify it in court given the close contact with those kids. Someone other than the bad guy is going to get dinged.
Seems like I've heard the other side say the same thing about movie theaters, restaurants, shopping malls, grocery stores, etc. At the end of the day, I'd rather have the option of using my weapon or not, based on what was happening. And if it's at all like my kid's school then the average kid is 3' tall in that courtyard, lined up with his class and shooting at a 6' tall man who's shooting kids isn't so far fetched.

Do what you are comfortable with, inside the law. :txflag:
User avatar

LSUTiger
Senior Member
Posts in topic: 1
Posts: 1153
Joined: Tue Feb 15, 2011 2:36 pm

Re: School Premises

#18

Post by LSUTiger »

I have a similar situation at my kid's school. IMHO, I think the sidewalks that are interior to school premises, i.e. not the parking lot, not parking lot sidewalk and not the public street sidewalks, are prohibited areas. See the attached picture. There is a center court yard and sidewalks in the interior of the premises which lead to class rooms on the sides and other administrative buildings.
St_Laurence_Catholic_School_306644.jpg
In this picture above, to the left, there is a parking lot and side walk out of view, on the other side of the class rooms. That parking lot and sidewalk is OK.

In the same picture, to the right, there is a public street side walk, on the other side of the class rooms. That side walk are OK.


Now to really confuse things is the fact that on the opposite side of this picture connected to the school is a Church.
2013-12-06.jpg
Here is a close up.
st-laurence-11.jpg
From this view, to the right, there is a parking lot and side walk out of view, on the other side of the church and class rooms. That parking lot and sidewalk are OK.

From this view , to the left, there is a public street side walk out of view, on the other side of the church and class rooms. That side walk is OK.

From this view, to the rear of the church is a public street sidewalk. That sidewalk is OK.

The church is not posted.
The kids from the school attend mass daily during weekdays.
During weekends, to my knowledge there are no school functions at the church during Saturday or sunday church service.
Sometimes there are school and church functions in the parking lot. Fundraising crawfish boils and fried seafood for lent. For Halloween there was trick or treating out of the back of decorated vehicles in the parking lot. The school cafeteria is also opened for some church functions. So the church/school line can be blurry sometimes.

The school and church are physically connected via covered walkway entrances on both sides and the walkway as shown in the picture.

And despite the fact the church and school are on church property,( IMHO they are two separate entities although connected on via a covered walkway and courtyard), is there and imaginary line that seperates the two and where is that line?

My question is, assuming there are no school activities going on in the church, can I enter the church on side of the church that faces the school?
Can I enter the church from the courtyard side? Or am I limited to entering from the parking lot and street only?
And can I carry in the parking lot when used/partially used during a school function? How about a separate church fair grounds on where both school and church activities take place?

Is that clear as mud? :headscratch

Anybody care to give an opinion on off limits areas and when? Bueller?... Bueller?... Bueller?
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
User avatar

txglock21
Senior Member
Posts in topic: 1
Posts: 772
Joined: Sun Feb 24, 2013 11:39 am
Location: Garland, TX.

Re: School Premises

#19

Post by txglock21 »

My daughter rides the bus now, but in elementary school, we took her and picked her up and usually walked because only a block away from home. The way I always looked at it was, if you had to go through a door or gate, then no carry. Awnings, overhangs, sidewalks, parking lots, etc.. were good to go. There were some days I felt like I was the only non-LEO parent at her school. Some knew I carried and none had any problems with it. Just adding my two cents to the conversation.
"Laugh about everything or cry about nothing."
NRA Life Member & TSRA Member/ Former USAF
User avatar

C-dub
Senior Member
Posts in topic: 1
Posts: 13562
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: School Premises

#20

Post by C-dub »

RetNavy wrote:
FullSizeRender.jpg

currently when i pick my youngest daughter up from school i leave my weapon locked in the car... I do not enter any of the class rooms or buildings while waiting for her... attached is a pic of the sidewalk i use going to a area that i wait by.... as you see over the sidewalk is a cover for weather... basically like a carport... which goes around all the sidewalks around the school...

my question is... is that part of building as per 46.035 "

(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,
I think you've highlighted the wrong portion of that.The first part is important, but the second part tells you what it does not include.

(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 am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider

rivertripper
Junior Member
Posts in topic: 2
Posts: 13
Joined: Thu Feb 05, 2015 9:41 pm

Re: School Premises

#21

Post by rivertripper »

RetNavy:

My personal carry choice for school pickup (if I had to get out of the car) was to distinguish
"exterior sidewalks" from "interior sidewalks".

I chose to wait on an exterior sidewalk that was connected to the parking lot even if I was
not parked on that front row. Sometimes I waited at the flagpole sidewalk and considered
that an exterior sidewalk as well.

I stayed away from the open sidewalks in front of any classroom and certainly did not pass
through any gates.

There have been many good comments to your question already and I just hope to add to
your "thought process". As already noted, elementary moms are far more vigilant than the
others.
User avatar

Topic author
RetNavy
Senior Member
Posts in topic: 4
Posts: 515
Joined: Wed Jan 08, 2014 9:21 am
Location: Paris, Tx

Re: School Premises

#22

Post by RetNavy »

thanks to everyone for your responses.... just for eveyone info.... a couple of times have carried to the bench outside to wait for her.... no problems... even talked to the school resource office... lately though i have been parking on the city street that runs by the school, and wait for her by the entrance gate... and that is only because it is getting harder for me to walk a distance even with a cane.. street parking i may have to walk 20 feet....

thanks again for all the responses and info.... have a blessed day
"Freedom itself was attacked this morning by a faceless coward. Freedom will be defended!"
-President George W. Bush, September 11, 2001

rivertripper
Junior Member
Posts in topic: 2
Posts: 13
Joined: Thu Feb 05, 2015 9:41 pm

Re: School Premises

#23

Post by rivertripper »

C-dub is spot on about the highlighted text in the definition of "premises".

The conservative way to follow this definition is to stay in the area that is NOT included.

The definition suffers from "underlap" - no mention of the grounds between the building
and the parking lot/sidewalk.

As far as asking someone at the school - here's a borrowed quote for you -
"don't ever ask a question unless you know the answer"! Except in the CHL forum of course.
User avatar

jmra
Senior Member
Posts in topic: 1
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: School Premises

#24

Post by jmra »

rivertripper wrote:C-dub is spot on about the highlighted text in the definition of "premises".

The conservative way to follow this definition is to stay in the area that is NOT included.

The definition suffers from "underlap" - no mention of the grounds between the building
and the parking lot/sidewalk.

As far as asking someone at the school - here's a borrowed quote for you -
"don't ever ask a question unless you know the answer"! Except in the CHL forum of course.
Grounds between a building and a parking lot are not a building or a portion of a building. The "does not include" list is by no means exhaustive.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
Post Reply

Return to “General Texas CHL Discussion”