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Was attending a fundraiser for my daughters school cheer booster club earlier this week at a local restuarant. We arrived and were standing around talking when the president of the booster club approached from the right in my blind-spot with a "hey - how yall doing" and accidently 'patted' my CCW (Glock G17 located IWB at the 3:00 position).

I turned to see his eyes

He is a good guy (oblivioius to the world - as are most people) with whom I've spent many hours at booster club functions.

I promplty told him "that's my lead pump", and he winked at me after digesting the humor I just tossed his way.

That was the first time being 'made', but sure wont be the last......

Not sure if that violates CHL law since it was a school event? I have to think it would not have been an issue for other CHL carriers present, but not part of the school event, since there was no way they could have known it would be happening. One of those weird areas.

RJ

johnson0317 wrote:since it was a school event?

Thats a good point johnson0317.
If LR95597 was at the event with the intent of attending the school booster club, to me, that would have made carrying an off-limits situation.
Just like going to the zoo, with the class field trip.

Now if LR95597 just happened to be at the restaurant and the boosters walked in, and LR95597 was not related at that time, then no issues.

As far as getting outed that way, well, it will happen.

Aren't most booster clubs technically private groups not associated with the school?

MasterOfNone wrote: booster clubs technically private groups not associated with the school?

even still, isn't the end goal for the school?
Therefore, in my eyes, right or wrong, I would NOT carry there.

Teamless wrote:

MasterOfNone wrote: booster clubs technically private groups not associated with the school?

even still, isn't the end goal for the school?
Therefore, in my eyes, right or wrong, I would NOT carry there.

Not to argue if you should or shouldn't, would or wouldn't, or which category this booster club fits into, but there is a distinction between a private group organizing in order to donate to a school and statutorily off limits school-sponsored events.

Our school district does not consider 'cheer' a sport. If the sport does not qualify as an Olympic sport, then our district does not consider it a sport?!?!?!? Ever try to do a back tuck or standing full? These girls are extremely talented and could whip the chess team!

I never thought about being in violation of 46.035 while carrying at an off-site booster club function.

After reviewing the fineprint of 46.035, my intpretation is that the 'on the premise where a high school sporting event is taking place' of 46.035(b)(2) does not apply since cheer is not considered a sport by the school district.

I intend continue to carry at off-site booster club events.

LR95S97 wrote:Our school district does not consider 'cheer' a sport. If the sport does not qualify as an Olympic sport, then our district does not consider it a sport?!?!?!? Ever try to do a back tuck or standing full? These girls are extremely talented and could whip the chess team!

I never thought about being in violation of 46.035 while carrying at an off-site booster club function.

After reviewing the fineprint of 46.035, my intpretation is that the 'on the premise where a high school sporting event is taking place' of 46.035(b)(2) does not apply since cheer is not considered a sport by the school district.

I intend continue to carry at off-site booster club events.

I once told a girl cheer isn't a sport... It only took that one time to learn better.

LR95S97 wrote:Our school district does not consider 'cheer' a sport. If the sport does not qualify as an Olympic sport, then our district does not consider it a sport?!?!?!? Ever try to do a back tuck or standing full? These girls are extremely talented and could whip the chess team!

I never thought about being in violation of 46.035 while carrying at an off-site booster club function.

After reviewing the fineprint of 46.035, my intpretation is that the 'on the premise where a high school sporting event is taking place' of 46.035(b)(2) does not apply since cheer is not considered a sport by the school district.

I intend continue to carry at off-site booster club events.

The applicable statute is not 46.035, it would be 46.03(a)(1) which applies to any school event, not just a sporting event:

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;

Still, my thought is that the booster club is a private org and this would not apply to it.

BrianSW99 wrote:

LR95S97 wrote:Our school district does not consider 'cheer' a sport. If the sport does not qualify as an Olympic sport, then our district does not consider it a sport?!?!?!? Ever try to do a back tuck or standing full? These girls are extremely talented and could whip the chess team!

I never thought about being in violation of 46.035 while carrying at an off-site booster club function.

After reviewing the fineprint of 46.035, my intpretation is that the 'on the premise where a high school sporting event is taking place' of 46.035(b)(2) does not apply since cheer is not considered a sport by the school district.

I intend continue to carry at off-site booster club events.

The applicable statute is not 46.035, it would be 46.03(a)(1) which applies to any school event, not just a sporting event:

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;

Still, my thought is that the booster club is a private org and this would not apply to it.

While I agree with you that in this case it would not apply.

to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

zero4o3 wrote:to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

I am not sure I understand what you are saying

Are you saying: I am sitting in McDonald's and a bus rolls up and 40 school kids that just arrived from a match are coming to eat, I now have to leave? Or, I am at the local Putt Putt playing a round and a school shows up for some event, I now have to leave?

Sorry, I read your statement 4 times and can't quite get the gist of what you are saying.

Teamless wrote:

zero4o3 wrote:to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

I am not sure I understand what you are saying

Are you saying: I am sitting in McDonald's and a bus rolls up and 40 school kids that just arrived from a match are coming to eat, I now have to leave? Or, I am at the local Putt Putt playing a round and a school shows up for some event, I now have to leave?

Sorry, I read your statement 4 times and can't quite get the gist of what you are saying.

Yes if your playing putt putt and before finish your game "an activity sponsored by a school" is held you would have to leave or disarm, no were does it require you to be a part of the activity, only on the grounds of or in the building

zero4o3 wrote:

Teamless wrote:

zero4o3 wrote:to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

I am not sure I understand what you are saying

Are you saying: I am sitting in McDonald's and a bus rolls up and 40 school kids that just arrived from a match are coming to eat, I now have to leave? Or, I am at the local Putt Putt playing a round and a school shows up for some event, I now have to leave?

Sorry, I read your statement 4 times and can't quite get the gist of what you are saying.

Yes if your playing putt putt and before finish your game "an activity sponsored by a school" is held you would have to leave or disarm, no were does it require you to be a part of the activity, only on the grounds of or in the building

If I am carrying at a public place and a "school sponsored activity" randomly comes along and enters the same public place where I am already located, I'll take my chances. And honestly, I don't say that often. I almost always error on the side of caution to a fault when it comes to legally carrying. But that line of thinking is absolutely ridiculous on its face.

In the OP's stated situation, I think the potential is there that the law was violated because he willingly participated in this activity (depends - as has been discussed - on some obscure legal definition of "school sponsored activity"). But if we all have to vacate any area as soon as school kids show up, then there is no point in having a CHL at all. I am no lawyer and don't know much about "the law" in practical terms - but I gotta think a competent judge/jury would see the preposterousness of thinking this was the legislative intent of 46.03(a)(1)

If I am carrying at a public place and a "school sponsored activity" randomly comes along and enters the same public place where I am already located, I'll take my chances. And honestly, I don't say that often. I almost always error on the side of caution to a fault when it comes to legally carrying. But that line of thinking is absolutely ridiculous on its face.

And you could even take it to the extremes where you are in the Galleria shopping at one end of the mall and a bunch of 3rd graders show up and hit the ice rink and you never even see them. They may not even be in school buses and it may be totally transparent to the naked eye that there is an "activity sponsored by a school" in progress.

So I'm with you. I'm not knowingly going to attend an "activity sponsored by a school" while carrying but I'm not going to dive out a window if a random one shows up where I'm at.

I was jogging down the jogging trails the other day (not on school property) and the entire 7th grade P.E. class jogged past me. Does that mean I was breaking the law? I don't know what classifies as an "event" in the eyes of the law.

ETA:

Yes if your playing putt putt and before finish your game "an activity sponsored by a school" is held you would have to leave or disarm, no were does it require you to be a part of the activity, only on the grounds of or in the building

The law actually states

(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;

So long as your happenstance encounter with "an activity sponsored by a school or educational institution" was not done either "Intentionally", "knowingly" or "recklessly" you be on good legal footing.

zero4o3 wrote:

Teamless wrote:

zero4o3 wrote:to those who think that you can be in a building that a school sponsored event is being held at and legally carry if your not "attending" said event, I have to disagree.

I am not sure I understand what you are saying

Are you saying: I am sitting in McDonald's and a bus rolls up and 40 school kids that just arrived from a match are coming to eat, I now have to leave? Or, I am at the local Putt Putt playing a round and a school shows up for some event, I now have to leave?

Sorry, I read your statement 4 times and can't quite get the gist of what you are saying.

Yes if your playing putt putt and before finish your game "an activity sponsored by a school" is held you would have to leave or disarm, no were does it require you to be a part of the activity, only on the grounds of or in the building

I believe Charles Cotton has made an argument that 46.03(a)(1) probably only applies in the case of property that is controlled by the school (i.e. school property or property exclusively leased for the event). Somebody can look up the thread...in case I'm misstating.

Also, 46.03 says "intentionally, knowingly, or recklessly". This is a pretty high standard to meet if a school sponsored function just happened to show up where you are...

46.035(b)(2) isn't an issue, because I can virtually guarantee you that while a cheerleading competition may very well be a "sporting event", a booster club meeting is not...