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by srothstein
Fri Sep 30, 2022 1:57 am
Forum: General Texas CHL Discussion
Topic: Man is arrested for walking his dog near a Texas school
Replies: 7
Views: 3457

Re: Man is arrested for walking his dog near a Texas school

Beiruty wrote: Thu Sep 29, 2022 9:50 pm
chasfm11 wrote: Thu Sep 29, 2022 9:35 pm From the article.
Still, under the Texas Penal Code, citizens are prohibited from carrying firearms on the premises of a school, including any grounds or buildings where a school activity is taking place.
It would be interesting to understand what school activity was taking place. By that standard, a parent dropping off their child with their personal car and exiting that car even briefly would be a violation. If the man does not have an LTC, I guess that he would be in violation of the Federal rule but not the State one. Apparently, he was OC or noone would have known.
Premises is a building or part of a building. Parking lots, driving lanes, sidewalks are not part of the premises.
Most likely, charges would be dropped.
The premises are just the buildings, but the grounds are also prohibited when a school sponsored activity is taking place. The school was open for business at the time this occurred and it was an elementary school. It is going to be interesting to see what activity was taking place and on what part of the grounds. For example, if he cut through the playground area while recess was going on and kids were out, the school has a case against him. But if he just cut across an open yard and all the kids were inside the building, I think they do not have a case. Do classes inside the buildings count as a sponsored activity on the grounds? Can't have the building without the grounds, so it might, but I don't think so based on how the law is written.

Since it is Harris County and an otherwise innocent person carrying a gun was involved, I bet the DA prosecutes him as much as he can.

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