Waco-area man finds out carrying at school stadium = no-no

[treadlightly]

Dang, we've been heartless and uncaring!

Not one of us - and I'm just as guilty - has given a thought to the real victim in this.

Maybe it was a Glock, perhaps a Colt product, harkening back to the days of a proud nation's westward expansion, maybe a delightfully precision Sig or Walther.

Whatever it was, there is a handgun in need of a good family.

Just thinking the situation through, wonder what it was and how much he's asking? Could be a heck of a bargain, just sayin', he's needing some lawyer money, maybe wanting to distance himself from things that champion responsibility.

[casp625]

...What sort of offense is carrying at a school event? I find myself hoping it's enough to yank his card for life...

He's an easy twofer example, 46.03 Places Weapons Prohibited - third degree felony AND 46.035(d) Intoxication - class A misdemeanor...

Conviction for an offense under 46.035 is grounds for revocation by itself.

INAL

Article states:

Sampson was arrested on a charge of unlawful carry of a weapon by a licensed holder

More than likely this was 46.035(b)(2):

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

In which case it is only a Class A misdemeanor vs a felony charge.

[Scott B.]

Article states:

Sampson was arrested on a charge of unlawful carry of a weapon by a licensed holder

More than likely this was 46.035(b)(2):

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

In which case it is only a Class A misdemeanor vs a felony charge.

You're right, the former only if he wasn't licensed.

[Mxrdad]

A quote from the article: "Midway ISD reportedly sent an email to families with children in the district informing them of the incident. Devlin said no one was hurt". When that guy pulled his weapon out, he is VERY lucky he didnt get shot. Goodness knows how much repercussions comes from this. Just wow.

[Wolfgang]

Well, booze always increases our wisdom and intelligence ya know.

Many call it liquid courage.
After a decade in law enforcement (no longer in it) I came to know it as liquid stupidity.

[thatguyoverthere]

Has no one else noticed that the news article quotes Hewitt Police Chief Jim Devlin INCORRECTLY state that: "Texas law states carrying a firearm onto school property is a violation of the concealed handgun statue..."

[G.A. Heath]

I wonder if the valid license is a Texas license or one from another state.

[oljames3]

Has no one else noticed that the news article quotes Hewitt Police Chief Jim Devlin INCORRECTLY state that: "Texas law states carrying a firearm onto school property is a violation of the concealed handgun statue..."

[The Annoyed Man]

Here is a big red flag. The officer was going to let him go. The perp was dense and found himself arrested. If I were the officer, I would not have charged him with Public Intox. The first thing the defense attorney is going to ask is "If he was drunk, why were you going to allow him to leave with a weapon in his possession?".

THIS ^^

[TxRVer]

Has no one else noticed that the news article quotes Hewitt Police Chief Jim Devlin INCORRECTLY state that: "Texas law states carrying a firearm onto school property is a violation of the concealed handgun statue..."

That's what I was thinking.

[locke_n_load]

Serious question:
Penal code states it is unlawful to carry on the premises where a sporting event takes place, and premises is defined as a building or part of a building. Is an open air stadium that is fenced in - a building or part of a building?

[txpilot]

Serious question:
Penal code states it is unlawful to carry on the premises where a sporting event takes place, and premises is defined as a building or part of a building. Is an open air stadium that is fenced in - a building or part of a building?

Actually the Penal Code says:

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

So by that, the stadium is off-limits.

[nightmare69]

I've had to explain way to many times that some places such as schools and post offices are off limits and don't have to post signs. I've meet a few LTC holders who were convinced that if an establishment doesn't post signs then they can carry. They either were not paying attention or their instructor didn't cover this topic well enough.

[Jusme]

I've had to explain way to many times that some places such as schools and post offices are off limits and don't have to post signs. I've meet a few LTC holders who were convinced that if an establishment doesn't post signs then they can carry. They either were not paying attention or their instructor didn't cover this topic well enough.

I think in this case, the fault lies more with the student (I use that term loosely) than the instructor. He doesn't sound like he takes instruction very well. But as stated previously, maybe he can be used as an example of how to do everything wrong.

[ScottDLS]

I've had to explain way to many times that some places such as schools and post offices are off limits and don't have to post signs. I've meet a few LTC holders who were convinced that if an establishment doesn't post signs then they can carry. They either were not paying attention or their instructor didn't cover this topic well enough.

Post offices do need to post signs on buildings per 18 USC 930 and state law is silent on this, so I suspect it would not come up in an LTC class.

With respect to postal "property" you could argue, 39 CFR 232.1 which make "carrying or storing" weapons on postal property a Federal infraction, but there is limited case law on whether a warning must be posted or exactly what constitutes carrying or storing, etc.