Homecoming Parade

[Charles L. Cotton]

But its harder to argue under PC 46.03. I think this language is a bit broad. I've seen the highschool cross-country team running in a long line down the streets and sidewalks around our neighborhood. Is it really the intent of the legislature to say weapons are now not allowed in my neighborhood because of a definition that includes any activity sponsored by a school?

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;

There is no case law on point.

That said, I believe it is clear that the activity grounds must be school property. You cannot read any part of a statute out of context and the phrase "any grounds or building on which . . ." appears in a sentence that clearly refers to school property. Further evidence is the provision that allows a school to authorize the carrying of firearms in such places and schools would have such authority only on property it owns.

Chas.

I don't mean to quibble, but by that logic you would not be able to carry in the school bus or school owned car only while it was parked on the school property. Correct? If the first phrase colors the reading of the second phrase, should it not also color the third phrase?.

It does color the portion that deals with school buses, but only as it relates to ownership, not location. A school bus that is owned or leased by a school is off-limits regardless where it is located. So too with "activity grounds" that are owned by a school (and on which a school sponsored activity is ongoing) even though they may not be located on or adjacent to the schools' campus. For example, many Texas schools own FFA "ag barns" that are located off campus. Those facilities are off-limits because they are owned by the school, even though they are not on campus. (This presumes a school sponsored event [i.e. taking care of animals] is ongoing.)

So it is ownership/control (fee simple or leased) that controls, not location.

Chas.

[dicion]

Bookmarking this thread for further 'carry at a school function, not on school property' discussions. Especially those dealing with Chaperoning.

Once again, Charles has Confirmed what he said before, and we debated about for quite a few pages. Property that is not owned or under control of the school (The School Must be able to Give permission to carry, for it to be denied by default. They must have control of the property.) is okay for carry.

On a Street, In a park, On a public bus, In a museum, anywhere that is not owned, or under the control of a school, carry is legit, EVEN IF YOU ARE CHAPERONING, it is
(Just don't ride the big yellow bus to get there, carrying on it is illegal)

The fact that you are there at the behest of the school has no bearing on the law.

[RPB]

Bookmarking this thread for further 'carry at a school function, not on school property' discussions. Especially those dealing with Chaperoning.

Once again, Charles has Confirmed what he said before, and we debated about for quite a few pages. Property that is not owned or under control of the school (The School Must be able to Give permission to carry, for it to be denied by default. They must have control of the property.) is okay for carry.

On a Street, In a park, On a public bus, In a museum, anywhere that is not owned, or under the control of a school, carry is legit, EVEN IF YOU ARE CHAPERONING, it is
(Just don't ride the big yellow bus to get there, carrying on it is illegal)

The fact that you are there at the behest of the school has no bearing on the law.

So is the "Short bus" I can't ride it anymore either.