School "premises" vs. the 300' rule - help me understand.
Posted: Tue Mar 17, 2009 12:21 am
Here's an ambiguity in the CHL laws that I am not sure of. Anyone's comments
would be appreciated.
Texas CHL law basically seems to say that "premises" are the actual buildings of
a school. But parking lots, parking structures, etc. are not considered part of
the "premises". So this seems to say that although a school or courthouse is
a "no carry" place, you can legally leave your gun in your vehicle.
But read the following:
" CHL PC 946.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Sub- section (b), the punishment prescribed for an offense under this chap- ter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the tri- al of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or (2) on premises where: (A) an official school function is taking place; or (B) an event sponsored or sanctioned by the University Inter- scholastic League is taking place. (b) This section does not apply to an offense under Section 46.03(a)(I). (c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code. PC 946.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and bound- aries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11 ; or (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of - Evidence. "
This would seem to say that even if you leave your gun in your vehicle, that if the vehicle is parked within 300 feet of the "premises" that you may be in violation. Many schools have parking areas which are within 300 feet of the building. I have to visit a school on a regular basis where I leave my piece in the truck, but I know that I am within 300 feet of the building.
Is this a problem?
would be appreciated.
Texas CHL law basically seems to say that "premises" are the actual buildings of
a school. But parking lots, parking structures, etc. are not considered part of
the "premises". So this seems to say that although a school or courthouse is
a "no carry" place, you can legally leave your gun in your vehicle.
But read the following:
" CHL PC 946.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Sub- section (b), the punishment prescribed for an offense under this chap- ter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the tri- al of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or (2) on premises where: (A) an official school function is taking place; or (B) an event sponsored or sanctioned by the University Inter- scholastic League is taking place. (b) This section does not apply to an offense under Section 46.03(a)(I). (c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code. PC 946.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and bound- aries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11 ; or (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of - Evidence. "
This would seem to say that even if you leave your gun in your vehicle, that if the vehicle is parked within 300 feet of the "premises" that you may be in violation. Many schools have parking areas which are within 300 feet of the building. I have to visit a school on a regular basis where I leave my piece in the truck, but I know that I am within 300 feet of the building.
Is this a problem?