School event at park

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Carolina Cajun
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School event at park

#1

Post by Carolina Cajun »

My daughter’s middle school (orchestra department to be exact) is hosting an extravaganza at a local park here in Lubbock this weekend. My question is since it’s a school sponsored event and at a public park, can I still legally carry? I think I know the answer, but everyone on this board is always so helpful.

-Thanks in advance
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joe817
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Re: School event at park

#2

Post by joe817 »

If you are going to be at the event then no you cannot legally carry. It doesn't matter where the event is to be held, as it's still a school sponsored event, carry is still prohibited.
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Carolina Cajun
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Re: School event at park

#3

Post by Carolina Cajun »

Joe817, That's what I thought and thanks for the reply.
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C-dub
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Re: School event at park

#4

Post by C-dub »

There has been much debate on this in the past. Charles' opinion, IIRC, was that if the location is not under the control of the school then it would not be prohibited. The zoo example is the most common. Where I think it gets a bit murky is when your child is involved and you are only going there for the event. Since I am now aware of this event and if I were to decide to got to this public park to hear the concert, would I be prohibited from carrying? I don't think so, but am not 100% certain. However, what if I just happen to be in that park that day walking my dog and discovered the concert and stopped to listen. Would I be in violation if I were also carrying? I don't think so and am nearly 100% certain. Certain enough that I wouldn't worry about it because it is the same situation and the zoo scenario that we've :deadhorse:
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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EEllis
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Re: School event at park

#5

Post by EEllis »

Now this is just my take on the law but in the scenario you describe I have a hard time seeing anyone being successfully prosecuted. That however doesn't mean you couldn't be arrested and face a lengthy drawn out process to win such a case. And I'm not talking malicious prosecution or anything of that nature. The law is more than murky enough for there to honest disagreements on what the law means. So you are most definitely arrestable if it is discovered you are carrying. I think you could beat it but it's much more questionable, carrying I mean, than other arrests such as non posted hospitals or what would otherwise be an illegal knife.

As I said I think it would be legal but if I was doing it I would be carrying deep concealed, unless you wanted to be a test case.

winters
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Re: School event at park

#6

Post by winters »

How can a school event just take over a section of a park and say the whole thing is off limits? Unless they are renting out the whole park and access is controlled i don't think they can restrict anything.

Also the park isnt under the schools control. Now if they were having a concert at the schools football stadium then I can see you can't carry.

Does the schools marching band going down the street during a 4th of july parade make the road off limits to carrying? I don't think so.

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Re: School event at park

#7

Post by EEllis »

winters wrote:How can a school event just take over a section of a park and say the whole thing is off limits? Unless they are renting out the whole park and access is controlled i don't think they can restrict anything.

Also the park isnt under the schools control. Now if they were having a concert at the schools football stadium then I can see you can't carry.

Does the schools marching band going down the street during a 4th of july parade make the road off limits to carrying? I don't think so.
It may very well make it off limits to anyone who is part of the parade. Lets say they have boosters or parents in the parade then I think they could be arrested for carrying on the roadway.
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Re: School event at park

#8

Post by C-dub »

EEllis wrote:
winters wrote:How can a school event just take over a section of a park and say the whole thing is off limits? Unless they are renting out the whole park and access is controlled i don't think they can restrict anything.

Also the park isnt under the schools control. Now if they were having a concert at the schools football stadium then I can see you can't carry.

Does the schools marching band going down the street during a 4th of july parade make the road off limits to carrying? I don't think so.
It may very well make it off limits to anyone who is part of the parade. Lets say they have boosters or parents in the parade then I think they could be arrested for carrying on the roadway.
That is where it gets a bit sticky and I don't know the answer to that, but would err on the side of caution if I were in any way involved in the event or my child were involved in the event.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider

EEllis
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Re: School event at park

#9

Post by EEllis »

C-dub wrote:
EEllis wrote:
winters wrote:How can a school event just take over a section of a park and say the whole thing is off limits? Unless they are renting out the whole park and access is controlled i don't think they can restrict anything.

Also the park isnt under the schools control. Now if they were having a concert at the schools football stadium then I can see you can't carry.

Does the schools marching band going down the street during a 4th of july parade make the road off limits to carrying? I don't think so.
It may very well make it off limits to anyone who is part of the parade. Lets say they have boosters or parents in the parade then I think they could be arrested for carrying on the roadway.
That is where it gets a bit sticky and I don't know the answer to that, but would err on the side of caution if I were in any way involved in the event or my child were involved in the event.
Exactly. I think you can make a great argument but it's clearly a grey area that legally speaking hasn't been tested. It also seems to me why and how one was found to be carrying affects how the law gets applied. Fair or not if someone gets arrested carrying with a chl in such a circumstance and they end up being or acting like someone who people think acted badly or like someone who a jury isn't comfortable having a gun then they might be convicted where another person might beat a charge. One successful conviction leaves a door open for everyone who carries at school events to be arrested, etc. So carry deep concealed and don't be the guy people think needs to go to jail or can't be trusted with a gun.
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