Carrying - After School Hours

NguyenVanDon · Post by **NguyenVanDon** » Sat Apr 28, 2007 1:59 am

Since its starting to look nice outside, me and a couple of friends usually meet up every Saturday behind a elementary school playground to run a pickup basketball game. Of course there is no scholastic event going on the during weekend. The school playground is open to the public, but there's usually aren't any children around. Question...

Am I'm still allowed to carry?

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 7:07 am

Yes.

However, don't be too quick to say, "Of course there is no scholastic event going on the during weekend." Schools often have sponsored events on weekends, but you can pretty much figure out what they are when you see them.

- Jim

AR Traveler · Post by **AR Traveler** » Sat Apr 28, 2007 8:51 am

I had a similar question a few months back because our church meets at a school. To paraphrase the group opinion at the time, a school is a school is a school. If I missed something or this is wrong I would love to know since disarming in the parking lot is a pain.

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 9:06 am

The law prohibits carrying in school buildings. It says nothing about whether school is in session or whether the school is being used for a non-educational purpose.

PC Â§46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, ...
(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;

(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.

- Jim

TX Rancher · Post by **TX Rancher** » Sat Apr 28, 2007 9:38 am

seamusTX wrote: (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.

- Jim[/quote]

Jim:

What would a basketball court behind a school be considered? It's certainly not a driveway, sidewalk, or parking...but it's also not a building or portion of.

I'm assuming an outside court for this question.

If it's not expressly forbiden, does that mean it's ok?

I'm just curious and I figure you may have an opinion.

Thanks!

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 10:20 am

TX Rancher wrote:What would a basketball court behind a school be considered? It's certainly not a driveway, sidewalk, or parking...but it's also not a building or portion of....
If it's not expressly forbiden, does that mean it's ok?

As I understand it, the original CHL law prohibited carrying on the entire grounds of a school. It was modified mainly to allow parents, teachers, staff, and visitors to have their CHL weapons in their cars. (I don't have a copy of the old law, and I'm too lazy to look up the legislative history from years ago.)

However, the way the law was changed prohibits carrying only in buildings. Garages are buildings, but they are specifically exempt. Parking lots and driveways are spelled out to make the intent of the law clear.

It's a basic principle of common law that whatever is not prohibited is allowed.

I am not a lawyer and most likely never will be.

- Jim

NguyenVanDon · Post by **NguyenVanDon** » Sat Apr 28, 2007 11:39 am

So if the school is closed on the weekend and there is not scholastic activity or event during that day, am I'm allowed to carry still? The basketball court is part of the school grounds, but it is outside of course.

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 12:27 pm

NguyenVanDon wrote:So if the school is closed on the weekend and there is not scholastic activity or event during that day, am I'm allowed to carry still?

Yes.

P.S.: How do you carry when playing basketball?

- Jim

razoraggie · Post by **razoraggie** » Sat Apr 28, 2007 3:27 pm

seamusTX wrote:
NguyenVanDon wrote:So if the school is closed on the weekend and there is not scholastic activity or event during that day, am I'm allowed to carry still?
Yes.

P.S.: How do you carry when playing basketball?

- Jim

I was just thinking the same thing Seamus. I guess the answer is:
Very carefully, and watch for the fouls!

NguyenVanDon · Post by **NguyenVanDon** » Sat Apr 28, 2007 5:46 pm

razoraggie wrote:
seamusTX wrote:
NguyenVanDon wrote:So if the school is closed on the weekend and there is not scholastic activity or event during that day, am I'm allowed to carry still?
Yes.

P.S.: How do you carry when playing basketball?

- Jim

I was just thinking the same thing Seamus. I guess the answer is:
Very carefully, and watch for the fouls!

I usually carry a basketball gym bag. So I conceal it in there when I play.

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 7:08 pm

NguyenVanDon wrote:I usually carry a basketball gym bag. So I conceal it in there when I play.

How do you secure the gym bag?

- Jim

razoraggie · Post by **razoraggie** » Sat Apr 28, 2007 7:46 pm

I would be VERY catious about leaving a gym bag away from your immediate possesion. It opens you up to a world of liability if something happens involving your fire arm. I'm all for carrying everywhere you legally can, but the only place I would leave a fire arm(and I use that word losely) would be "SECURED" in my vehicle where I know it will be locked. I would NEVER have a fire arm unless it was under my TOTAL control at all times. Not trying to rain on your parade, but I just want to make sure that you have all opnions available to help aide in your decision.

NguyenVanDon · Post by **NguyenVanDon** » Sat Apr 28, 2007 8:13 pm

The bag is not far from me and all my friends knows that I am license to carry concealed. The bag is always in my sight and I store my firearm into an extra pouch inside my basketball bag. This playground is rarely used by the public, even when its viewable from the road. Me and the guys been running on this court for years.

seamusTX · Post by **seamusTX** » Sat Apr 28, 2007 8:40 pm

About 15 years ago I was sitting on a bench in Lincoln Park in Chicago with my son, who was about 7 years old at the time. I was watching some ladies play tennis (purely for athletic interest) in a court with a fence and unlocked gates. A kid opened one of the gates, grabbed a gym bag, and ran with it. He got away.

That neighborhood is pretty affluent, so the gym bag itself probably cost $100 at some high-priced store. It probably contained the owner's wallet and car keys.

Good luck in any case.

- Jim

BrassMonkey · Post by **BrassMonkey** » Sat Apr 28, 2007 8:46 pm

Play it safe and keep it locked in the car while "in the area" I would say... Getting busted by some cop that is having a bad day can ruin your weekend...