School grounds question

[AddyLO]

I work very near a state university and occasionally drive across the campus (via city streets) on my way to and from lunch.

If I carried at work and took such a route would I be in violation of the prohibition of weapons on school grounds (PC 46.03(a)(1))? I would expect the answer is "yes" but I'm not clear on whether city streets are technically considered "school grounds". Or is this one of those as-of-yet untested areas?

[MoJo]

I think you are OK to drive through as long as you are on city streets. What they taught us at the CHL instructor class was as long as you are outside the building and on pavement you were good to go.

[Tamie]

If you have a CHL (for federal law exemption) and don't drive in classrooms or other buildings you should be OK.

[CaptWoodrow10]

Just don't take that shortcut through the library and you should be good to go.

[AddyLO]

LOL! I'll be sure not to drive through a classroom!

This question crossed my mind today as I was on my way to my favorite BBQ place. I saw a university police (who can be, shall we say, "enthusiastic"?) with an older gentleman, probably not a student, standing by his car in cuffs as they searched the car. I wondered whether he might be CHL ("well, lookie here... we've got a gun on campus!").

The BBQ place, you ask?

David's Barbecue in Pantego.

Mmmm, mmmm!!

[JJVP]

I work very near a state university and occasionally drive across the campus (via city streets) on my way to and from lunch.

If I carried at work and took such a route would I be in violation of the prohibition of weapons on school grounds (PC 46.03(a)(1))? I would expect the answer is "yes" but I'm not clear on whether city streets are technically considered "school grounds". Or is this one of those as-of-yet untested areas?

Short answer is NO problem as long as you have a CHL. If you don't have a CHL, then the Federal GFZA will get you. See below:


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;

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;


(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


Gun Free Zone Act 1996

18 USC § 922 Unlawful acts

(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm t h at has moved in or that otherwise
affects interstate or foreign commerce at a place that
the individual knows, or has reasonable cause to
believe, is a school zone.
(B) Subparagraph (A) shall does not apply to the
possession of a firearm—

(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located
or a political subdivision of the State, and the law of
the State or political subdivision requires that, before
an individual obtains such a license, the law
enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;

[AddyLO]

Yep, I have a CHL.

[ELB]

I work very near a [bold]state university [/bold]and occasionally drive across the campus (via city streets) on my way to and from lunch?...

.... If you don't have a CHL, then the Federal GFZA will get you...

Nope. The GFSZA does not apply to colleges and universities, only to highschool and elementary:

from 18 USC Ch 44 Para 921:

(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

[bdickens]

The premesis of a school is very clearly defined in the law as the actual building(s) and not the grounds. City streets are city-owned property and you can not legally be barred from carrying there anyway.