TexasCHLforum.com

Tex_Jonnie wrote:I am hoping to get my CHL before the New Year. I have to walk children 4 miles round trip to school in the morning and back in the afternoon. I physically have to walk onto school property to drop them and retrieve them. Am I allowed to concealed carry in the school zone? If so, where can I not carry on the school property? Can I carry on the lawns, sidewalks, driveways & parking lots or are any of those off limits? If I cannot carry on the school property, where does school property end? Can I carry on the sidewalk by the public road? Obviously, the school property/zone causes me some confusion, but I'd like to be able to protect the children and myself. Any clarifications, statutes/sections/laws and definitions would be appreciated...

PC §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.
...
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(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:
...
(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.

seamusTX wrote:You are correct. I overlooked that aspect.

- Jim

seamusTX wrote:First of all, the lady said she walks 4 miles round-trip to school, so being in a motor vehicle is irrelevant to the specific question.

Second, this idea that you can decide whether you are carrying under the CHL, MPA, or another statute is unproven. I do not suggest anyone depend upon such a theory until it is upheld in appeals court.

- Jim

ScottDLS wrote:So can a police officer with a CHL, decide that he's not carrying under CHL when he's open carrying in uniform?

XDSConcealer wrote:I had a quick question regarding carrying or not carrying. Would I be permitted to carry at a flag football practice that isn't on school property or affiliated with any kind of school? The practices (for 1st & 2nd graders) are held at an open field not on school grounds and the team has nothing to do with any school. Is the practice still considered a sporting event? I would assume so but I just wanted the expert opinion.

Thanks!

Keith B wrote:

XDSConcealer wrote:I had a quick question regarding carrying or not carrying. Would I be permitted to carry at a flag football practice that isn't on school property or affiliated with any kind of school? The practices (for 1st & 2nd graders) are held at an open field not on school grounds and the team has nothing to do with any school. Is the practice still considered a sporting event? I would assume so but I just wanted the expert opinion.

Thanks!

It's not school related and the carry prohibition is only for professional sporting events. So, unless the 1st & 2nd graders have signed contracts for big $$$, I don't think they are considered professionals.