TexasCHLforum.com

From the article.

Still, under the Texas Penal Code, citizens are prohibited from carrying firearms on the premises of a school, including any grounds or buildings where a school activity is taking place.

It would be interesting to understand what school activity was taking place. By that standard, a parent dropping off their child with their personal car and exiting that car even briefly would be a violation. If the man does not have an LTC, I guess that he would be in violation of the Federal rule but not the State one. Apparently, he was OC or noone would have known.

chasfm11 wrote: ↑Thu Sep 29, 2022 9:35 pm From the article.

Still, under the Texas Penal Code, citizens are prohibited from carrying firearms on the premises of a school, including any grounds or buildings where a school activity is taking place.

It would be interesting to understand what school activity was taking place. By that standard, a parent dropping off their child with their personal car and exiting that car even briefly would be a violation. If the man does not have an LTC, I guess that he would be in violation of the Federal rule but not the State one. Apparently, he was OC or noone would have known.

Premises is a building or part of a building. Parking lots, driving lanes, sidewalks are not part of the premises.
Most likely, charges would be dropped.

Beiruty wrote: ↑Thu Sep 29, 2022 9:50 pm

chasfm11 wrote: ↑Thu Sep 29, 2022 9:35 pm From the article.

Still, under the Texas Penal Code, citizens are prohibited from carrying firearms on the premises of a school, including any grounds or buildings where a school activity is taking place.

It would be interesting to understand what school activity was taking place. By that standard, a parent dropping off their child with their personal car and exiting that car even briefly would be a violation. If the man does not have an LTC, I guess that he would be in violation of the Federal rule but not the State one. Apparently, he was OC or noone would have known.

Premises is a building or part of a building. Parking lots, driving lanes, sidewalks are not part of the premises.
Most likely, charges would be dropped.

The premises are just the buildings, but the grounds are also prohibited when a school sponsored activity is taking place. The school was open for business at the time this occurred and it was an elementary school. It is going to be interesting to see what activity was taking place and on what part of the grounds. For example, if he cut through the playground area while recess was going on and kids were out, the school has a case against him. But if he just cut across an open yard and all the kids were inside the building, I think they do not have a case. Do classes inside the buildings count as a sponsored activity on the grounds? Can't have the building without the grounds, so it might, but I don't think so based on how the law is written.

Since it is Harris County and an otherwise innocent person carrying a gun was involved, I bet the DA prosecutes him as much as he can.

A lot is going to depend on if he has his LTC. you cannot carry a firearm within 1000 feet of a school zone while in session without one. 21 and open carrying, my money is on he doesn’t have his LTC.

srothstein wrote: ↑Fri Sep 30, 2022 1:57 am
The premises are just the buildings, but the grounds are also prohibited when a school sponsored activity is taking place. The school was open for business at the time this occurred and it was an elementary school. It is going to be interesting to see what activity was taking place and on what part of the grounds. For example, if he cut through the playground area while recess was going on and kids were out, the school has a case against him. But if he just cut across an open yard and all the kids were inside the building, I think they do not have a case. Do classes inside the buildings count as a sponsored activity on the grounds? Can't have the building without the grounds, so it might, but I don't think so based on how the law is written.

Since it is Harris County and an otherwise innocent person carrying a gun was involved, I bet the DA prosecutes him as much as he can.

I have an interesting similar situation. A local middle school backs up onto a city built bike trail. It is not clear where the school property ends and a city built park including a softball field begins The PE classes from the school routinely use the city's bike trail up to a half a mile away from the school buildings. So I can be out walking my dog on the city's trail and suddenly I'm in the middle of the PE class. While It is clear that I"m OK if I'm not close to the buildings, the trail crosses the road where the softball field starts. I could probably make a case, if I ever had to, that since the school never uses the softball field that it is city not school property and "school activity" rule doesn't apply. This is just one of the reasons that I don't OC. I doubt that I would get my dog walk in without LE help.

I've had a lot of people asking me about constitutional carry and whether there's still a point in getting an LTC. I'm not trying to get that discussion started here, as it has been talked to death in other threads. That said, this is one of the examples I give people of the benefits of an LTC. I drive within 1,000 feet of several schools on my way to work every day. When the wife and I go for walks in our neighborhood, we have to walk within 1,000 feet of a school that is right in the middle of our block. Should I ever have to interact with police in one of these areas, I would very much like to have my LTC on me to make sure this isn't an issue.

I hope that young man had his LTC. If he did, he should be okay. If he didn't have an LTC, I hope he has a good lawyer.

There have been many attempts made over the years to clarify this such that it only applied to the actual property OWNED by the school while the school-sponsored event was ongoing, however none of these bills have passed and we are stuck with the legal language we have now:

Sec. 46.03. PLACES WEAPONS PROHIBITED.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted 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:

(A) pursuant to written regulations or written authorization of the institution; or

(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;