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Trying to figure out if I'm breaking the law when I go pick up my grand children and have to drive down a long entrance drive which is on school property to the front of the school and wait until they are dismissed. I stay in the car. I read the following, but still confused.

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;

Premises means the buildings. As long as you don't carry into the building or where there is a school sponsored activity that you are participating in, you are good to go.

polekitty wrote:Trying to figure out if I'm breaking the law when I go pick up my grand children and have to drive down a long entrance drive which is on school property to the front of the school and wait until they are dismissed. I stay in the car. I read the following, but still confused.

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;

Commas are your friend.

Remember, in Chapter 46, "premises" is defined as "a building or portion of a building". So, in your car, you are not on the "premises"

The next section, after the comma, refers to school sponsored activities on the grounds. Again, in your car, you are not part of a school sponsored activity.

MeMelYup wrote:Premises means the buildings. As long as you don't carry into the building or where there is a school sponsored activity that you are participating in, you are good to go.

More specifically, Tex. Penal Code Sec. 46.03(c)(1) defines "premises" by reference to Tex. Penal Code Sec. 46.035 ("'Premises' has the meaning assigned by Section 46.035."). Tex. Penal Code Sec. 46.035(f)(3) defines "premises" as "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."

So what does the term physical premises mean? It's only used here and nowhere else. 46.035 (f) (3) uses the term premises and doesn't contain the word physical.

As long as you have a valid Texas CHL and do not carry into a building when you pick up your grandchildren, you are completely fine.

Thanks. The word physical still has me scratching my head.

physical premises means inside the building.

polekitty wrote:Thanks. The word physical still has me scratching my head.

It means it is okay to metaphysically day dream about going inside.

Rrash wrote:As long as you have a valid Texas CHL and do not carry into a building when you pick up your grandchildren, you are completely fine.

Correct. You technically are in violation of federal law for being in a gun free zone unless you do have that valid Texas CHL. An out of state CHL is not good enough. It must be a Texas CHL if it is a Texas school.

TX PC 46.035
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false; (see page numbered 39.... page 45 of 72 in PDF file)

(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

Be careful about any activity sponsored by the school in the parking lot or driveway.

polekitty wrote:Thanks. The word physical still has me scratching my head.

Its a song by Olivia Newton John.

rotor wrote: Correct. You technically are in violation of federal law for being in a gun free zone unless you do have that valid Texas CHL. An out of state CHL is not good enough. It must be a Texas CHL if it is a Texas school.

Interesting topic for me as a new high school is going up on the road that I use to and from home. There is no other way around....

I wonder if people have been arrested in Texas for breaking this federal law?

rotor wrote:

Rrash wrote:As long as you have a valid Texas CHL and do not carry into a building when you pick up your grandchildren, you are completely fine.

Correct. You technically are in violation of federal law for being in a gun free zone unless you do have that valid Texas CHL. An out of state CHL is not good enough. It must be a Texas CHL if it is a Texas school.

So if my wife (non-chl) takes my truck with our firearm in the console to pick up the kids at the school, she is in violation of the law? For some reason, I thought the MPA would cover the violation.