Question about local high school track

[bigred90gt]

There is a track at a local high school that is easily within walking distance from my house. About 10 or so years ago, my (then GF) wife and I use to run there at night. I would like to start that again, as treadmills are just no kind of replacement for actually getting outdoors and running. My question is, if I were to go to the track late at night, when there is obviously no school in session, extra curricular activities ongoing (football practice, etc), and no students present, would I be able to legally carry at the track? It is obviously on the school property, and it is fenced in (the track itself, not the entire campus), but there is an access point that is left open for this reason.

There are some seedy characters in this town, and I'd love to just be able to run through the neighborhood, but due to shin splints, I cannot run on concrete. The rubber on the track provides sufficient cushion to prevent pain in my shins when I run.

[Purplehood]

I personally would not do it. I think it is pushing the envelope.

I would try to find somewhere else, though in many cases that may be easier said, than done.

[fickman]

For a high school / middle school / elementary school, I wouldn't carry on my person outside of my vehicle anywhere on the property at any time of the day or night.

IIRC, the "gun free zone" exemption for CHL holders is only for in the vehicle.

I'll let others break down the verbiage of the law if so inclined. . . feel free to correct me if I'm wrong.

[ScottDLS]

There is a track at a local high school that is easily within walking distance from my house. About 10 or so years ago, my (then GF) wife and I use to run there at night. I would like to start that again, as treadmills are just no kind of replacement for actually getting outdoors and running. My question is, if I were to go to the track late at night, when there is obviously no school in session, extra curricular activities ongoing (football practice, etc), and no students present, would I be able to legally carry at the track? It is obviously on the school property, and it is fenced in (the track itself, not the entire campus), but there is an access point that is left open for this reason.

There are some seedy characters in this town, and I'd love to just be able to run through the neighborhood, but due to shin splints, I cannot run on concrete. The rubber on the track provides sufficient cushion to prevent pain in my shins when I run.

There's nothing illegal about your scenario if you have a Texas CHL. It's probably a good idea if you're running late at night. The prohibitions on school carry are against carrying in the buildings, or where an event is taking place. Your Texas CHL provides you with an exemption to the Federal GFSZA, so no issue there.

I say carry. I would.

[esxmarkc]

There's nothing illegal about your scenario if you have a Texas CHL. It's probably a good idea if you're running late at night. The prohibitions on school carry are against carrying in the buildings, or where an event is taking place. Your Texas CHL provides you with an exemption to the Federal GFSZA, so no issue ther

I have the same EXACT dilemma and went over all the CHL rules and as far as I can tell you are entirely legal to carry as long as there is no school sponsored activity going on.

I use the beautifully built rubber running track at my local high school as well. I make sure there is no class in session (it is always after hours) and I won't even do it if there is a baseball game going on in the neighboring field or the parking lot is full of cars for some other event that is going on in the gym just so I'm not pushing the envelope.

The previous post reflect exactly whit I found: You are not in the building and the CHL exempts you from the FGFZ.

[Bulldog1911]

The premise is defined as building. You are not in the building, and there is not school activity going on so you are legal to carry. Ill find the verbiage and post it.

[Bulldog1911]

I believe this is what you are looking for...

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 weaponlisted 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. (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.
.
.
(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;

"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.

[JJVP]

For a high school / middle school / elementary school, I wouldn't carry on my person outside of my vehicle anywhere on the property at any time of the day or night.
IIRC, the "gun free zone" exemption for CHL holders is only for in the vehicle.

I'll let others break down the verbiage of the law if so inclined. . . feel free to correct me if I'm wrong.

Not right. No issue as long as you have a CHL. No mention of vehicle for CHL holder, only for non CHL's.

Title 18 U.S.C §922(q) The Gun Free School Zones Act of 1995 States:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.


(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

[fickman]

For a high school / middle school / elementary school, I wouldn't carry on my person outside of my vehicle anywhere on the property at any time of the day or night.
IIRC, the "gun free zone" exemption for CHL holders is only for in the vehicle.

I'll let others break down the verbiage of the law if so inclined. . . feel free to correct me if I'm wrong.

Not right. No issue as long as you have a CHL. No mention of vehicle for CHL holder, only for non CHL's.

Title 18 U.S.C §922(q) The Gun Free School Zones Act of 1995 States:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.


(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Thanks for the clarification!

[KC5AV]

As long as you don't have to pass through any sort of building, or anything that could be misconstrued as a building. I wouldn't even make a trip to the restroom. Other than that, you're good to go.

[bigred90gt]

Thanks for the help. Sounds like it shouldnt be a problem.

[aggie_wes]

I've actually got a similar question. The middle school down the road from my house has a fenced-in playground/field where we let our dog run in the evenings. I do not have to enter a building, but often stand between the main building and portable buildings. It sounds like if the track is fair game, then the playground would be as well, is that correct?

[apostate]

It's OK per 46.03 as long as the playground isn't inside a building or portion of a building (plus no school sponsored activity in progress, etc.)