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by dds115
Thu Mar 15, 2012 10:25 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 9717

Re: Weapon Free School Zone?

Sorry to bring up a topic that I'm sure has been beaten to death, but I am in a bit of an argument with one of my "no one should own a gun" friends. And no, I'm not sure why we're still friends. :headscratch So I guess I'm needing help finding something that says that a parking lot is not an area of a school sponsored event?



Him - here is your problem unfortunately. virtually every state has a law banning guns on school grounds including texas. and this law makes it illegal for you to carry on school grounds in any state you're not licensed in. de facto=no carry on school grounds

Me - Could you point me to that Texas law?

Him - Sec. 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

an before you come back with the premises bull, a decent lawyer argues that the parking lot of the school at all times has activities sponsored by the educational institution because students have to attend school and they are constantly moving between parking lots and the building. therefore, during school hours a continuous time frame exists of school sponsored activities on institutional ground

Me- Notably, the new statute acknowledges an employer’s right to prohibit employees from carrying a firearm on its “premises,” but adopts the Texas Penal Code's narrow definition of premises—“a building or a portion of a building.” This definition of "premises" does not encompass all of the employer’s property, such as private or public driveways, streets, sidewalks, walkways, parking lots, parking garages, or other parking areas.

On my phone so I can't get the exact legal definition, but that is the summary.

Him - thats why i'm saying that the premises clause of the texas statute isn't key. its actually the institutional sponsored activity thats key. it could be interpreted to be a much more expansive clause because restrictions don't exist on what can be classified as sponsored

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