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by RoyGBiv
Tue Feb 26, 2013 3:34 pm
Forum: General Texas CHL Discussion
Topic: Carrying at my son's soccer practice
Replies: 30
Views: 4833

Re: Carrying at my son's soccer practice

RottenApple wrote:
gdanaher wrote:Wooow. Any good prosecutor worth his salt is going to argue that a school owned stadium, even if it open air, is a school facility, and once you enter the ticket gate, you are inside a school facility, just as you would be if entering the adjoining high school. I would encourage you to rethink the idea of taking your concealed weapon into the stadium if it is owned by the school. Recreational soccer games, played on open fields with no permanent infrastructure are another matter.
The law doesn't say school "facility", it says school "premises" and defines that as a "building or portion of a building". As has been stated, as long as the OP doesn't enter the premises (a building or portion of a building), then they are good to go.
This "Is a stadium a building?" issue has been discussed previously, and never resolved to my own personal satisfaction.
Playing it safe, my own personal policy is... If you can lock me out of it, I won't carry in it.

For example...
If the "stadium" is fenced, but the fence allows unrestricted ingress and egress at any time, by simply walking through a never-locked gate or an intentional gap in the fence, then I'll carry there (except for school sponsored events, of course).
If can go to the "stadium" in the middle of the night on a holiday and find it locked, such that I would have to climb a fence or break open a lock to get in, then I treat it like a "building" and don't ever carry there.

YMMV.

I'll need to think about stand-alone toilet facilities.
Not sure I've ever seen one in an "unlocked stadium".

To my recollection, Texas PC defines "Building" as "intended for use as a habitation"... Which would NOT include a stand alone toilet.
From 30.01:
(2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
The "or use" part at the end there is the question mark...

I am not a lawyer. This is my OPINION, not legal advice.

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