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Kid's Sporting Events

Posted: Sat Nov 29, 2008 6:35 pm
by Zero_G
Questions on carry at sporting events:
Title 10 Chpt. 46 § 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;

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(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;
From this, it looks like it's ok to carry at games for kids that are 8th grade or younger participating in sports that are not school sponsored (or on school property). So I would think that at things like Little League, community soccer leagues, YMCA leagues, etc. you are legal to carry.
My kids play ice hockey, so I should be able to carry at my daughter's hockey games (the league is similar to Little League - sponsored by the local rink, made up of kids from multiple schools, no school affiliation, though it does have high school kids on the team). The big question is my High School Junior son's games. He plays on the varsity team which is pooled from three high schools. Though the team bears the school names, it is not an official school varsity sport (some of the schools aren't even allowed to announce the game schedules or outcomes since they aren't a school sanctioned sport). The overseeing agency is the Interscholastic Hockey League. The games are played at local rinks, not on school property, some of which are in not so nice areas of town and require being there well after dark.
So, is it legal to carry at these hockey games? It's not school sponsored, but it is a high school interscholastic event. I would guess it's one of those gray areas that hasn't been tested and I don't want to be the first.

Keith

Re: Kid's Sporting Events

Posted: Sun Nov 30, 2008 2:54 pm
by shootthesheet
I would do more checking into who controls the events. Sounds to me like it is little more than a hockey league that is not any different from any other league. Just because they are on the schools teams doesn't mean they cannot also be on that leagues teams. So, if it is not a school event then it is no different than little league or anything else outside the control of a school.

And yes, if it were inside a school building it would be off limits. Not so for something like a baseball game on a school field that was not a school event. Cannot carry in a building but can on property where a school event is not taking place.

Where did you get that it was an interscholastic event? Each team is made up of only members of a single school and they play each other just as they would during the schools season? If so, they are just teams in a separate league that decided to organize in that way. That may be the only connection to the school and not that it is a schools team. It is your son and his friends joining a separate league to play other teams that did the same thing. If so,it is legal to carry there. IANAL

Re: Kid's Sporting Events

Posted: Sun Nov 30, 2008 9:30 pm
by KBCraig
Little League is not a school sponsored event, but teams are organized by ZIP codes, which can often make them effectively, and perhaps actually, linked by school district.

(That's my understanding, anyway; we don't have LL here, just Dixie Youth.)

Re: Kid's Sporting Events

Posted: Mon Dec 01, 2008 10:52 am
by TacShot
shootthesheet wrote:And yes, if it were inside a school building it would be off limits. Not so for something like a baseball game on a school field that was not a school event. Cannot carry in a building but can on property where a school event is not taking place.
I have a problem with the above statement. The way I read 46.03 (a): (1), is : weapons are always prohibited on the physical premises of a school or educational institution, and they are also prohibited on any grounds or buildings other than the premises of a school or educational institution on which an activity sponsored by a school or educational is being conducted. Thus, it would not be okay to carry on a school field at a ball game that was not a school event, and further, it would not be okay to carry at a public park ball field during a baseball game between two schools.

Title 10 Chpt. 46 § 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,

Re: Kid's Sporting Events

Posted: Mon Dec 01, 2008 11:16 am
by barres
TacShot wrote:
shootthesheet wrote:And yes, if it were inside a school building it would be off limits. Not so for something like a baseball game on a school field that was not a school event. Cannot carry in a building but can on property where a school event is not taking place.
I have a problem with the above statement. The way I read 46.03 (a): (1), is : weapons are always prohibited on the physical premises of a school or educational institution, and they are also prohibited on any grounds or buildings other than the premises of a school or educational institution on which an activity sponsored by a school or educational is being conducted. Thus, it would not be okay to carry on a school field at a ball game that was not a school event, and further, it would not be okay to carry at a public park ball field during a baseball game between two schools.

Title 10 Chpt. 46 § 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
,
But premises are later defined as a building or a portion of a building, and grounds are only covered when a school-sponsored activity is going on. So a Little League game on the school's baseball field is perfectly legal to carry at. It is not the premises of the school, and it is not the grounds of a school during a school-sponsored event. It is a community group-sponsored event.

The fun part comes when your son is playing on a baseball field right next to the school baseball field (same complex, different field), and the school's team is playing. Can you carry to your son's game, then, on the adjoining field?

Re: Kid's Sporting Events

Posted: Mon Dec 01, 2008 1:16 pm
by TacShot
Thanks for the clarification. You raise an interesting point. Premises is, indeed, defined as a building or a portion of a building. Following this, is a list of areas not included in the definition. Apparently, this was not meant to be an all inclusive list and therefore, the grounds are an area where weapons are not always prohibited. Barring a school sponsored activity, I suppose you could cross a campus carrying a shotgun, although you would most likely be met with a challange. The question then becomes the definition of "any grounds" involving a school sponsored event. Where is the dividing line? It's pretty clear when it involves an enclosed facility. As you point out, it gets a bit murky in open areas.

Re: Kid's Sporting Events

Posted: Mon Dec 01, 2008 3:21 pm
by barres
The scenario I posted was a situation in which I actually found myself shortly after I received my plastic. I decided that, even though I was not in the stands for the high school baseball team's game, I was too close for (my) comfort, should I be discovered. I took my firearm back to my vehicle and secured it.

But yes, sometimes the line dividing legal from illegal is blurry and hard to see. That's why we're here. To discuss our opinions on these issues and our reasons for those opinions. Some things are fairly cut and dried. Some things are not. Many things should be, but certain DA's try to keep them from being so (thank God Chucky's gone from Harris Co.).

Re: Kid's Sporting Events

Posted: Mon Dec 01, 2008 8:37 pm
by Boxerrider
My (not a lawyer) take is that school-related activities are coached/sponsored by district employees assigned by the district to that activity, events are scheduled by the districts, admission money goes to the districts, and they are regulated by the University Interscholastic League. If it doesn't fit these criteria concealed carry is legal because it is not a school-sponsored activity.
All of this confusion could be avoided if that part of the law is changed. Spread the word.

Enjoy!