City of Schertz - no weapons sign

[MegaWatt]

I went to my grandson's baseball game at the Schertz City Ball Park last Saturday and as I entered the gate I noticed a relatively new sign to the left of the gate that said:

"Under the terms and definitions of City Ordinance No. 96-M-3, WEAPONS ARE PROHIBITED on any city property." And the GunBuster sign.
Then the same in Spanish.

It wasn't a 30.06 sign so I ignored the sign and went in anyway but the more I thought about it, the madder I got. I took a picture of the sign but can't figure out how to post it here.

I was under the understanding a city cannot legally make this kind of ordinance or sign. Am I wrong?

[iflyabeech]

government property thing aside, isn't a baseball game a sporting event?

[Keith B]

government property thing aside, isn't a baseball game a sporting event?

Yes, but this was not a PROFESSIONAL sporting event being played at a city park.

EDIT to add: Missed putting high school or collegiate portion in. Thanks Charles and Ncongurant

[Charles L. Cotton]

Not all sporting events are off-limits. Just high school, collegiate, interscholastic and professional sporting events.

Chas.

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;

[NcongruNt]

government property thing aside, isn't a baseball game a sporting event?

Little league is neither a professional nor a school-sponsored event.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder inten-
tionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license is-
sued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as deter-
mined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or profes-
sional 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;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home li-
censed under Chapter 242, Health and Safety Code, unless the li-
cense holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder inten-
tionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702, Occupations Code, and employed as a security officer
commits an offense if, while in the course and scope of the security
officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed
with access only through controlled entries, is open for operation more
than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.
(2) "License holder" means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(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.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree.
(h) It is a defense to prosecution under Subsection (a) that the
actor, at the time of the commission of the offense, displayed the
handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical reenact-
ment performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.

[EDIT: Looks like Chas beat me to it. ]

[AggieMM]

government property thing aside, isn't a baseball game a sporting event?

The restriction is only if the sporing event was "school" or "professional". It sounded like a little league game.......

PC 46.035 - (b) (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;"

EDIT- Wow, in the time it took me to look it up, three people responded. Man, I'm getting slow.....

[iflyabeech]

very good gentlemen...i missed that bit

[KBCraig]

I'm pretty sure the Wake Village Youth Baseball Association has a rule against guns, if only because it's boilerplate language.

Not that I care one way or the other, because it wouldn't be legally binding. Coaching 4/5/6 year olds playing T-ball isn't the most hazardous of hobbies, but I haven't set foot in the parks without the "proper equipment". I do so just to stay consistent with the "24/7 or guess right!" rule.

[MegaWatt]

Just to clarify a bit, this is not at a school or school event. This was at the Schertz city ball field for little league and I suppose adult softball. It's a ballpark owned by the city of Schertz.

[frankie_the_yankee]

It wasn't a 30.06 sign so I ignored the sign and went in anyway but the more I thought about it, the madder I got. I took a picture of the sign but can't figure out how to post it here.

I was under the understanding a city cannot legally make this kind of ordinance or sign. Am I wrong?

Your understanding is correct.

Go to photobucket and set up an account. It's free. Upload your pictures to your account. Then you will be able to link to them here. The way it works is that the link you post here causes the forum software to go to photobucket and download the picture for display in your message (or something like that). And it does this without storing the image itself here, which would take up a lot of space on the server.

Photobucket is just one of several free services that have this capability. It works for me.

When you post a photo, I would hope that TSRA would take notice and perhaps send a letter to the city informing them that such signs and ordinances are not enforceable.

[Nazrat]

My local little league also has a no firearms rule except for licensed peace officers. While their rule is not binding on me as a CHL holder, I am also a head coach in the league. Therefore, I am subject to punishment by the league if I violate the rules. So, I unholster in the car. This way I avoid any difficulties during a game. I don't like it much but I love coaching my sons.

Just FYI.

[MegaWatt]

Here is a link to the picture of the sign in question. Thanks for the help with uploading pictures Frankie the Yankee!

http://i285.photobucket.com/albums/ll78 ... tzsign.jpg

[iflyabeech]

I have seen those in a couple of places. . . at the private places I just ignore them because I would rather them have an unenforcable sign, than a 30.06 sign, and if I opened my mouth they might realize my mistake! But one like this on public property is illegal and should be removed, and can be ignored!

[iflyabeech]

My local little league also has a no firearms rule except for licensed peace officers. While their rule is not binding on me as a CHL holder, I am also a head coach in the league. Therefore, I am subject to punishment by the league if I violate the rules. So, I unholster in the car. This way I avoid any difficulties during a game. I don't like it much but I love coaching my sons.

Just FYI.

The way I look at these things is: what is more important, punishment by the league or my life if I need my weapon?

something to think about, especially since carrying in this situation is not an offense under the law and wouldn't cost you a job or anything.