school question with a twist

[smyrna]

Suppose my kids are taking swimming lessons at a local high school that has outdoor swimming facilities. The swimming lessons are sponsored by the city (not the school) for a fee. Does this constitute a "school sponsored event"?

Now mentally, I can make a strong case that concealed carry would be OK as I don't think this is the intent of "school sponsored event" because the school district is merely providing the venue and not the services. However, I can see a little shade of grey in that "school" has not readily been defined.

Just trying to decide if I want to risk being a "test case".

Your thoughts on this one?

[T3hK1w1]

If it's on school grounds, it seems to me that would put it off-limits. a swimming pool is definitely a facility, even if it is outdoors. But then I'm not a lawyer, so what do I know?

[bryang]

That's another one of those gray areas that I would rather avoid...but, that is just my opinion.

-geo

[shootthesheet]

If it is not in the "premises" of the school and not sponsored by the school it is legal to carry. The only way it could be questionable is if you had to pass thru an actual building to get to the pool that is fenced in. If that structure has doors then I wouldn't carry there.

I go to our small towns track that also has a field house that is often open for weight lifters. I go to the track when no events are taking place but never in the building while armed. In my opinion we need to get the law changed so that we can carry in buildings and at events. It is this sort of "okay here but not there" junk laws that get innocent people in trouble.

[BigBlueDodge]

I don't know, but it seems pretty cut and dry to me. This is not a school sponsored activity, so you are fine. Our CHL instructor specifically mentioned a scenario like this and said that it would be okay to carry since the school system is not involved. The mere fact that this activity takes place on school grounds shouldn't restrict you from carrying. IANAL, but I would think you are oaky.

[Kalrog]

It is NOT school sponsored. It doesn't sound like it meets the definition of premises. Carry sounds legal to this non-lawyer.

[smyrna]

...The only way it could be questionable is if you had to pass thru an actual building to get to the pool that is fenced in. If that structure has doors then I wouldn't carry there.

That's kind of my line of thinking too.

... This is not a school sponsored activity, so you are fine. Our CHL specifically mentioned a scenario like this and said that it would be okay to carry since the school system is not involved....

While I believe that is the intent of the law, what gives me pause about the whole situation is that school really needs to be defined in the statutes. Does school mean...public, private, K-12, preK, day care, dance school, karate school, etc. or even my kids swim lessons? Nobody seems to know. And until that is answered, we don't know what a school sposored event is. However, I agree with you in that I don't believe the intent of the law is to be all encompassing.

Having said that, I erred on the side of caution and left it in the car not more than 20 yards from my lawn chair. Having never been to the place, I figured I would scope out whether or not I would have to travel through buildings, etc. to get to the pool. I did not, so without the question of "school sponsored event", I would have felt totally comfortable carrying.

[bdickens]

Hopefully this will get fixed.

[gregthehand]

You said it was on the premesis of the high school right? If so I believe you can't carry there but you can leave it in your vehicle....

[Kalrog]

You said it was on the premesis of the high school right? If so I believe you can't carry there but you can leave it in your vehicle....

Property owned by the school - sounds like a yes. But it doesn't sound like it meets the definition of "premises" defined in this statute.

[gregthehand]

I thought the definition of premise only applied to a collegiate campus. Plus I think federal law bars you from carrying on a high school or lower campus.

[Venus Pax]

The outdoor pool is probably fine.

You might need to make a trip to the car before using their restrooms.

This is definitely one of those portions of the law that need to be changed.

[RiveraRa]

Anoter reason why it needs to be changed is because there are so many churches that meet on Sundays inside of churches now. I say the rule should be changed to say as long as it is not a school sponsored event then it should be legal. Of course that isnt the law yet. Lets keep fighting for it though.

[Kalrog]

I thought the definition of premise only applied to a collegiate campus. Plus I think federal law bars you from carrying on a high school or lower campus.

Incorrect. Premises as defined in that section applies to ALL uses of that word in the section. And hence it applies to all schools - which is why you are legal in the parking lot of a high school. Federal law bars you from being within 1000 feet of a school unless you are licensed by your state and then it doesn't say anything else about it. So with a Texas CHL, the federal law doesn't apply to you in Texas.

[Venus Pax]

Anoter reason why it needs to be changed is because there are so many churches that meet on Sundays inside of churches now. I say the rule should be changed to say as long as it is not a school sponsored event then it should be legal. Of course that isnt the law yet. Lets keep fighting for it though.

I think the law should be changed so that school carry is legal regardless. I think the CHL population has proven itself to be trustworthy after 12 years.