school zones, signs size-- worth it to test the boundaries?

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VMI77
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Re: school zones, signs size-- worth it to test the boundaries?

#16

Post by VMI77 »

ScottDLS wrote:GFSZA of 1990 and revised after US vs. Lopez in 1995. Not to be confused with the GCA of 1968, revised by FOPA in 1986.

As for PISD, somebody ought to challenge them on the 30.06 signs, though I guess they might argue they are allowed to post IAW 46.03 & 46.035. I think that's misleading since those don't necessarily apply to the parking lots posted and additionally don't require a 30.06 where they are applicable.

But this is the the school district that's not a Government Entity (according to them), much to the surprise of numerous Collin County taxpayers.
Wow, my property taxes are over 50% school taxes, so I guess that means property taxes must be pretty low in Collin County. "rlol"
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LSUTiger
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Re: school zones, signs size-- worth it to test the boundaries?

#17

Post by LSUTiger »

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;

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(3) “Premises” means a building or a portion of a building. The term does not
include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.

IANAL, I still have my reservations about carrying on sidewalks that are on the interior of school grounds, although the letter of the law as written would seem to indicate that it's OK. (Beat the rap not the ride situation, don't want to be a test case.......)

So premises means the building or portion of a building. Does a covered sidewalk attached to the building constitute "portion of the building"?

And how are parking lots defined, paved only, gravel areas, or what if parking is being allowed on the "grounds" (grass areas)?

And at which point does the school begin and church end when buildings are used for both activities? Our parish hall used for church events doubles as the school lunch room and also has a small office for the school. Not to mention the school and church are connected by covered walkways but not wall.

So is the parish hall OK when used for church and not ok when used for school and I'm guessing the small office is never OK?

The church is not posted. The school is off limits .

In my case I see many gray areas.
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?

locke_n_load
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Re: school zones, signs size-- worth it to test the boundaries?

#18

Post by locke_n_load »

LSUTiger wrote:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(3) “Premises” means a building or a portion of a building. The term does not
include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.

IANAL, I still have my reservations about carrying on sidewalks that are on the interior of school grounds, although the letter of the law as written would seem to indicate that it's OK. (Beat the rap not the ride situation, don't want to be a test case.......)

So premises means the building or portion of a building. Does a covered sidewalk attached to the building constitute "portion of the building"?

And how are parking lots defined, paved only, gravel areas, or what if parking is being allowed on the "grounds" (grass areas)?
I think you are thinking about it too hard, and you answered your own questions.

How did you get to those sidewalks on the interior of school grounds, walk through a building? What makes them interior? Is it still a sidewalk or walkway - then you should be covered. Why are you walking there in the first place, why wouldn't you drop your kid off at the dropoff, or walk them to the front door and hug them goodbye there?
A covered sidewalk is still a sidewalk. Now if it is enclosed and has walls and doors, I would have to say you are then in a hallway and have entered the premises.
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LSUTiger
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Re: school zones, signs size-- worth it to test the boundaries?

#19

Post by LSUTiger »

locke_n_load wrote:
LSUTiger wrote:
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(3) “Premises” means a building or a portion of a building. The term does not
include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.

IANAL, I still have my reservations about carrying on sidewalks that are on the interior of school grounds, although the letter of the law as written would seem to indicate that it's OK. (Beat the rap not the ride situation, don't want to be a test case.......)

So premises means the building or portion of a building. Does a covered sidewalk attached to the building constitute "portion of the building"?

And how are parking lots defined, paved only, gravel areas, or what if parking is being allowed on the "grounds" (grass areas)?
I think you are thinking about it too hard, and you answered your own questions.

How did you get to those sidewalks on the interior of school grounds, walk through a building? What makes them interior? Is it still a sidewalk or walkway - then you should be covered. Why are you walking there in the first place, why wouldn't you drop your kid off at the dropoff, or walk them to the front door and hug them goodbye there?
A covered sidewalk is still a sidewalk. Now if it is enclosed and has walls and doors, I would have to say you are then in a hallway and have entered the premises.
With school/church dual purpose shared facilities and sometimes combo activities there are many situations that require extra thought. While legal minds could argue that under a specific sets of circumstances it's OK to carry, I have a feeling the practical interpretation by law enforcement would be different.

What's gonna give me away is all the touchy feely friend's wives and relatives who want to give a kiss and a hug every time they see me. I've gotten strange looks a time or two when the result of that innocent hug is the accidental contact with my gun/holster.
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
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oohrah
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Re: school zones, signs size-- worth it to test the boundaries?

#20

Post by oohrah »

I was just answering the poster's question. My understanding is that Lake Highlands is a school.
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Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
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