Concealed Carry Question
Posted: Wed Mar 02, 2011 11:38 pm
What's yall's opinion on CHL carry at a High School Sporting event held at a City(goverment) Park? Legal or Off-Limits?
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Not that I disagree with you opinion, BUT what if other Non-School related activities or going on in adjacent areas of the City Owned park? Say for example someone with a CHL who goes to the park for a jog or to walk his dog and doesnt even know a school event is taking place?CaptWoodrow10 wrote:Off limits:
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;
That's how I read it, but I am not a lawyer.
TPC doesn't make any distinctions about if you know that there is a school event.j3x wrote:Not that I disagree with you opinion, BUT what if other Non-School related activities or going on in adjacent areas of the City Owned park? Say for example someone with a CHL who goes to the park for a jog or to walk his dog and doesnt even know a school event is taking place?CaptWoodrow10 wrote:Off limits:
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;
That's how I read it, but I am not a lawyer.
In the OP's instance though he is specifically talking about attending a school sponsored event. He's going to directly to it and not walking his dog etc.....rm9792 wrote:I think RPB cleared it up pretty well. The rules arent absolute in the sense that you are here, you are guilty. You are walking your dog or eating lunch and you have no idea a school is there which is covered by knowingly. I take recklessly to mean waving it around or even firing it off (for whatever reason).
This thread is similar to the McDonalds thread. School is taking the kids to lunch so do you have to leave, I doubt it.
if you know that's what it is, and that's what you intend to go to .... then you better not carry, in my layman's opinion.pcgizzmo wrote:In the OP's instance though he is specifically talking about attending a school sponsored event. He's going to directly to it and not walking his dog etc.....rm9792 wrote:I think RPB cleared it up pretty well. The rules arent absolute in the sense that you are here, you are guilty. You are walking your dog or eating lunch and you have no idea a school is there which is covered by knowingly. I take recklessly to mean waving it around or even firing it off (for whatever reason).
This thread is similar to the McDonalds thread. School is taking the kids to lunch so do you have to leave, I doubt it.
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted[
To me the above words preclude him from carrying there if he knows its a school sponsored event and he is going there for the sole purpose of attending that event.
I follow your reasoning, however I think the lines can be blurred in this situation. The example that came to mind when I first read the OP was that of a tennis match. I've never seen a tennis match being held indoors, or even under a pavilion type structure. This is the type of scenario that could, in my opinion, cause the most grief. The definition of "premises" is crucial here. Case law is needed, and I do not know of any. Of course, I am always willing to learn from those more knowledgeable.srothstein wrote:I think there might be something else to consider. Charles has already posted that he thinks the section referenced (grounds where a school sponsored event is taking place) only is meant to apply to school owned grounds. I cannot find any reasonable grounds to disagree with him and give in to his legal training and knowledge.
But, the OP referred to a high school sporting event. This is slightly different and the premises where this is taking place are off limits. This does invoke the definition of premises as the building, so if it is in one building in a park, other buildings are not affected. I also note that I don't think Charles argument about it only applying to school owned property would hold here. Since it is included with other sporting events that take place in various facilities owned or operated by others, I think it would make the city park building off-limits. But since it only applies to the one building, the rest of the park would not be off limits at the same time.
I disagree. We don't need caselaw. We need all of this school and sports stuff removed from CHL law.CaptWoodrow10 wrote:I follow your reasoning, however I think the lines can be blurred in this situation. The example that came to mind when I first read the OP was that of a tennis match. I've never seen a tennis match being held indoors, or even under a pavilion type structure. This is the type of scenario that could, in my opinion, cause the most grief. The definition of "premises" is crucial here. Case law is needed, and I do not know of any. Of course, I am always willing to learn from those more knowledgeable.srothstein wrote:I think there might be something else to consider. Charles has already posted that he thinks the section referenced (grounds where a school sponsored event is taking place) only is meant to apply to school owned grounds. I cannot find any reasonable grounds to disagree with him and give in to his legal training and knowledge.
But, the OP referred to a high school sporting event. This is slightly different and the premises where this is taking place are off limits. This does invoke the definition of premises as the building, so if it is in one building in a park, other buildings are not affected. I also note that I don't think Charles argument about it only applying to school owned property would hold here. Since it is included with other sporting events that take place in various facilities owned or operated by others, I think it would make the city park building off-limits. But since it only applies to the one building, the rest of the park would not be off limits at the same time.