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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 would carry and feel quite comfortable about it.
Sidewalk. Covered sidewalk. Still a sidewalk.

IANAL. Just my opinion.

RoyGBiv wrote:I would carry and feel quite comfortable about it.
Sidewalk. Covered sidewalk. Still a sidewalk.

IANAL. Just my opinion.

You can walk all day on the sidewalk but if I recall, it would be excepted if there was a school activity occuring on that sidewalk, and dismissal of the students would likely be seen as a school activity. IANAL either.

gdanaher wrote:You can walk all day on the sidewalk but if I recall, it would be excepted if there was a school activity occuring on that sidewalk, and dismissal of the students would likely be seen as a school activity. IANAL either.

Dismissal of students, or students heading to school is not a school sponsored activity. That is before school is in session and after they have been released.

Keith B wrote:

gdanaher wrote:You can walk all day on the sidewalk but if I recall, it would be excepted if there was a school activity occuring on that sidewalk, and dismissal of the students would likely be seen as a school activity. IANAL either.

Dismissal of students, or students heading to school is not a school sponsored activity. That is before school is in session and after they have been released.

I think it is going to be up to the CHL holder to make a call. My wife is a teacher, they have organized "loading" after school where the teachers corral and escort the students to their respective car pool or parent pickup. It is definitely a school activity. However, I agree with Keith...if it is after school helter skelter kids swarming all directions, it would not be.

You make the call.....

Keith B wrote:Dismissal of students, or students heading to school is not a school sponsored activity. That is before school is in session and after they have been released.

I'm just saying that the teachers are still on the clock and assigned to supervising the kids as they leave the campus by whatever means. This apparently hasn't seen a court room but I wouldn't want to be the test case. Armed parent on sidewalk surrounded by hundreds of children. You might beat the charges, but the headlines would do you in. 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. Twenty minutes later and it is a different situation entirely. I'd have the child come to the car if safe or do what the other parents do to get their kids like drive through the parking lot. Each campus is unique.

I walk right up the the groups of elementary students clustered around their respective teachers on the playground, maybe 10 feet from the doors.

See no issue with that. School is over, doesn't mean teachers still aren't working, but you can hardly call that 'school sponsored activity' IMO.

From a pratical viewpoint only:
Lots of mothers in a crowded area waiting for their kids.
Your outed by a bump, printing etc. All it takes is one mothers scream to ruin your whole day.
99% of others around you dont know this is legal and to have a parent not in the know react around a bunch of other parents and kids might not be a good thing.

thanks for all the replies..... will just have to go with my judgement.....

RetNavy wrote:thanks for all the replies..... will just have to go with my judgement.....

FWIW - I think you'd be safe carrying on the sidewalk, covered or not. Don't step inside, of course, but while you're outside the building, you'd be following the law.

Of course, I'm just someone that works inside one of those buildings most of the day...

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. Before the head shed I worked in elementary so I have a good feel for how those moms think and function. Also an amateur extra. I hope the OP is prudent. There is also that moment in time where the teacher sees the parent, asks them to come into the building for a moment to show them something and won't take no or wait a minute for an answer........it happens. Elementary parents are hugely more protective than secondary moms and dads.

just as some more info..... most of the kids are picked up curbside (public road, not school parking lot)...... only two or three parents pick up their kids where i do even though all the kids pass through where i wait.... ( red bench just visible in pic).... 98% of the time I have not gone into any of the rooms while picking her up, (mornings are different) just a couple of words with the teacher, as pointed out it could be that 2%. as mentioned it will be my judgement call.... thanks for all the replies and info...

RetNavy wrote:just as some more info..... most of the kids are picked up curbside (public road, not school parking lot)...... only two or three parents pick up their kids where i do even though all the kids pass through where i wait.... ( red bench just visible in pic).... 98% of the time I have not gone into any of the rooms while picking her up, (mornings are different) just a couple of words with the teacher, as pointed out it could be that 2%. as mentioned it will be my judgement call.... thanks for all the replies and info...

Perfectly legal then. When my kids were in Elementry I walked up to the waiting area all the time until they got out.