Cheerleader Practice

[rm9792]

My daughters team practices at a public park next to 2 schools in Alvin. I am not only near a school but park in the lot. i dont carry onto the public park area, dont feel the need to but if I forget is that legal? What about when they have a game? it is elementary school. I wasnt sure if practice is consodered a scholastic event.

[frankie_the_yankee]

I suspect that the practices and games would all be considered school sponsored events. That means that carrying a gun is against the law.

[GlockenHammer]

If it stays in your car, you are okay as long as you have a CHL regardless of how official the school even is. Without the CHL, you would be violating the Federal 1,000 foot "gun free" victim zone law.

I am both glad and sad that you don't feel the need to carry in the park.

[rm9792]

If it stays in your car, you are okay as long as you have a CHL regardless of how official the school even is. Without the CHL, you would be violating the Federal 1,000 foot "gun free" victim zone law.

I am both glad and sad that you don't feel the need to carry in the park.

Well. i left out the part where my sister is a cop in Alvin and she hangs out with me at practice usually. Uniform is a nice deterrent.

[Charles L. Cotton]

My daughters team practices at a public park next to 2 schools in Alvin. I am not only near a school but park in the lot. i dont carry onto the public park area, dont feel the need to but if I forget is that legal? What about when they have a game? it is elementary school. I wasnt sure if practice is consodered a scholastic event.

The intent of TPC §46.03(a)(1) is to prohibit carrying on school grounds (as opposed the buildings), if there is a school sponsored activity on-going. Everything in that subsection deals with school buildings, grounds and transportation vehicles. However, it has been argued by some cities that this provision applies to any real estate where a school sponsored activity is occurring. I believe this contention is overly broad. For example, it would allow an entire mall parking lot to be "off limits" if a school was allowed to conduct a fund raising car wash somewhere on the lot.

I know of no case law on this issue, so this is merely my opinion.

Chas.

Here is the relevant portion of the Penal Code:

§ 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; . . .

[GlockenHammer]

Perhaps I've missed something all these years. 46.03 calls out premises, grounds and buildings. Premises is defined in 46.035 as

(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.

Which would indicate leaving your handgun in the car keeps you okay as pertaining to premises.

I had always read the "grounds" in 46.03 to mean that if there was an outdoor football game, I could not carry at that game. I did not consider this to mean that all of the sudden I could not have my hangun in my parked car while I went to the game. Charles, is that what you are interpreting--that we can't have our handguns in our car while the school is having an "activity" that they sponsor???