TexasCHLforum.com

txinvestigator wrote:

Idjut wrote:I think this section of the law can not be read without the first part of the sentence: "on the physical premises of a school or educational institution,".

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No, hence the comma. If the first phrase were required it would use the coordinating conjunction "when" or "if".

Ah yes, I misread. Previous message withdrawn!

txinvestigator wrote:
§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;

All criminal violations require culpability. To violate this law you must intentionally, knowingly, or recklessly be there.



§6.03. Definitions of culpable mental states.

(a) A person acts intentionally, or with intent, with respect
to the nature of his conduct or to a result of his conduct when it is
his conscious objective or desire to engage in the conduct or cause
the result.

(b) A person acts knowingly, or with knowledge, with respect
to the nature of his conduct or to circumstances surrounding his
conduct when he is aware of the nature of his conduct or that the
circumstances exist. A person acts knowingly, or with knowledge, with
respect to a result of his conduct when he is aware that his conduct
is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to
circumstances surrounding his conduct or the result of his conduct
when he is aware of but consciously disregards a substantial and
unjustifiable risk that the circumstances exist or the result will
occur. The risk must be of such a nature and degree that its
disregard constitutes a gross deviation from the standard of care that
an ordinary person would exercise under all the circumstances as
viewed from the actor's standpoint.


Russel, in your scenario you would not meet the required culpability; nor would a person who goes to the Dallas Zoo and there happens to be a school Field Trip somewhere inside.

On the other end here...

If we happen to be at the Dallas Zoo and happen across a field trip, we would then be legally obligated to immediately leave?

THis is very frustrating too.


Like what if a Gorilla gets out again and goes crazy.

Like what if a Gorilla gets out again and goes crazy.

Unless you can get a lucky shot into an eye socket there's probably no way that any gun a CHL holder is carrying is going to disable a gorilla. In fact it would probably just enrage it.

Was a nice thought. And I do not think I am that good of a shot

CHL/LEO wrote:

Like what if a Gorilla gets out again and goes crazy.

Unless you can get a lucky shot into an eye socket there's probably no way that any gun a CHL holder is carrying is going to disable a gorilla. In fact it would probably just enrage it.

You could always pull out your .500 S&W snubby to take that gorilla out.

Bad News - I contacted the supervisor of the DPD officers that are stationed at the zoo and was told that it is posted with signs prohibiting CHL holders.

That being said, the City of Dallas owns the zoo and who knows if they are even the proper signs. The City still has old (original) signs up at various city facilities that probably aren't in compliance with the current laws. And since it's a government owned property perhaps they can't even post there. (TXI??) Perhaps the next time someone goes out there they can snap a picture with a camera phone and post it online.

I have to admit that until I became a member of this forum I never even paid any attention as to whether these type signs were posted or not. Since everyone started posting pictures on here I tend to look out for them a little more often (especially at Taco Cabanas ) and about half the ones I see now probably don't meet the legal requirements set out in the law.

It is owned by the city so it cannot keep CHL holder out.

It can if you are on a school field trip.

I checked with a LEO friend of mine.

CHL/LEO wrote:That being said, the City of Dallas owns the zoo and who knows if they are even the proper signs.

Since it's owned by the city of Dallas, there's no such thing as a "proper sign", unless they're holding a meeting of a governmental body.

Kevin

If you go there on a school field trip. Or you meet your child's school there for a field trip you can not carry it is a school sponsored event.

It was NOT posted last year when I was there. I looked all around the entrance. Then there is the City owned deal also. I will agree if you go WITH A SCHOOL on a field trip though.

That is what this post is about.

I agree, if you go with a school or meet a school sponsered trip knowing it is school sponsered you would be in violation. However, the zoo cannot keep you from entering nor would you be in violation if you happened to come across a field trip even if you knew someone within the group and stopped to talk.
Culpability is not present.

The only way the zoo could keep you from entering is if they were closed to the public for a school day only. I don't even know if they still have those here.