Confusion regarding carrying while at a school

[seamusTX]

Scenario: You are on campus carrying under the authority of your CHL on a private sidewalk in the middle of campus. There is a get-together up ahead of some sort of school organization on the sidewalk.

Are you breaking the law or not?

The case can be made that you are breaking the law, but if you just continue on your way, what's going to happen?

If the intent of the legislature was to prohibit carrying weapons while participating in or attending school functions, they should have worded the law that way.

Or better yet, make having a CHL an exception to PC 46.03, like it is for LEOs.

As I said in another thread, it's wrong to have a situation where you are going about your business and the actions of another person or group place you in violation of the law.

- Jim

[seamusTX]

I think you answered your own question. The law says, "any grounds ... on which an activity sponsored by a school or educational institution is being conducted." So if a teacher or coach takes his class outside, the entire area is off-limits.

Personally, I think the law contains so many situations of this type, not just in the CHL area, that I don't worry about it. For instance, do you pay income tax on a door prize?

- Jim

[frankie_the_yankee]

That's the thing though, I don't ever want to be in the situation where I am breaking the law, even for 5 seconds as I pass by the organization. What if someone bumps into me while I am passing by, realizes that's a gun, and now I have campus police swarming me.

I am really interested in knowing if for sure that is breaking the law or not.

The intent of the legislature is great and all, but intent is not law until it is actually written down that way.

If you don't ever want to be breaking the law, it would seem to me that you would need to devote all your time to learning all of its intracacies, which are manifold, especially if you include knowledge of applicable case law.

So unless you want to hire a lawyer to follow you around on retainer or become one yourself, you might have to take your chances, at least to some extent.

For most of us, we just try to do what's right and it more or less suffices.

Basically, don't be so worried about it. I'm not. If you inadvertantly break the law "for 5 seconds" and some LEO bites you on the fanny over it, THAT'S when you hire a lawyer.

[Greybeard]

Or, if it's "gray", just stay away.

[VViper]

(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 transporta-
tion 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;



(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.

Scenario: You are on campus carrying under the authority of your CHL on a private sidewalk in the middle of campus. There is a get-together up ahead of some sort of school organization on the sidewalk.

Are you breaking the law or not?

I think you answered your own question. In (3) it says "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.

[shootthesheet]

I look at that the same way if a school club was doing an event at the mall. I stay away from the general area or do not stop if I can't.

[mr surveyor]

(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 transporta-
tion 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;



(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.

Scenario: You are on campus carrying under the authority of your CHL on a private sidewalk in the middle of campus. There is a get-together up ahead of some sort of school organization on the sidewalk.

Are you breaking the law or not?

I think you answered your own question. In (3) it says "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.

and in (1) it says:

"....any grounds or building on which an activity sponsored by a school or
educational institution is being conducted..."

[killerquad]

(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 transporta-
tion 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;



(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.

Scenario: You are on campus carrying under the authority of your CHL on a private sidewalk in the middle of campus. There is a get-together up ahead of some sort of school organization on the sidewalk.

Are you breaking the law or not?

I think you answered your own question. In (3) it says "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.

and in (1) it says:

"....any grounds or building on which an activity sponsored by a school or
educational institution is being conducted..."

If you KNOW that there would be a school function happening there and you carry anyways you would be breaking the law. However if a resonable person had no way of knowing that there would be such a function happening I don't think you would be prosecuted. Then again I think that if a DA really wanted to they could. However this is just my view on this topic.

[mr surveyor]

just a hyopthetical situation:

the high school football team is getting geared up for the bus trip for a play-off game and a pep rally is being held in the parking lot. Would you consider that a school sponsored function on the grounds, and wouldn't it be fairly obvious from a distance that there just may be something going on?

I agree that it's a tough one to nail down, but if there's even a hint of school sanctioned activity in progress it may be a good practice to dis-arm before exiting a personal vehicle to cross any part of a school's "real property".

Just my non-professional opinion.

[cbr600]

I agree that it's a tough one to nail down, but if there's even a hint of school sanctioned activity in progress it may be a good practice to dis-arm before exiting a personal vehicle to cross any part of a school's "real property".

I'd stay in the car and avoid the state sanctioned unarmed victim zone.