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by Jumping Frog
Sat Feb 23, 2013 7:57 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Additional Pro-Gun Measures Introduced in Texas
Replies: 12
Views: 1288

Re: Additional Pro-Gun Measures Introduced in Texas

JP171 wrote:I do have a question, why was HB 1298 even written? the laws already allows me to carry where a school sponsored activity is taking place so long as I am not part of said activity, nor a spectator of said activity IE. being at the houston zoo when a school is having a field trip there does not mean I have to leave or put my weapon in my vehicle and return. so what is the purpose?

could it possibly be a statement of what is already in the law as a clarification?? or is there some misunderstanding of what is written??
The problem is, the way you are interpreting it ("so long as I am not part of said activity") is a good commonsense way of interpreting legislative intent.

However, that is not what the language of the statute reads:
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, nor a spectator . . . .
The statute, as written, could even conceivably apply to someone sitting in McDonalds eating their lunch when a school bus carrying kids on a field trip pulls up and all the kids pile out and come inside to eat lunch. Now, I know that is not what the legislature intended, but a hostile DA could still prosecute under the statute language as written.

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