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Carry Question
Posted: Wed Feb 10, 2010 5:33 pm
by Wisewr
I think I know the answer here, but I just want to be sure. We just started T-ball for the little ones and both of the practice fields are located at one of the local elementary's. I'm not 100% sure that the fields are considered school property, but I am failry sure it is since they mow it. So, the question is, since this is not a school function, not "in" the school building, and not during normal school hours, am I allowed to carry? I know I can leave it in the vehicle, but what about on my person?
Re: Carry Question
Posted: Wed Feb 10, 2010 5:41 pm
by hirundo82
If it is not a school function and you don't go into the school buildings, you should be OK to carry (IANAL, and all other standard disclaimers apply). The law prohibits carry on school
premises, not
property:
Sec. 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;
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(f) In this section:
(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.
A tip: keep the
Texas statutes bookmarked (weapons laws are
Penal Code §46)--you can frequently answer a question by simply reading the law.
Re: Carry Question
Posted: Wed Feb 10, 2010 5:51 pm
by Charles L. Cotton
School activity grounds are not "off limits" to armed CHL's unless there is a school sponsored activity in progress. If the T-Ball practices or games are not sponsored by the school then armed CHL's are not off limits.
Don't worry about asking questions -- that's the major reason the TexasCHLforum exists.
Chas.
Re: Carry Question
Posted: Wed Feb 10, 2010 6:41 pm
by hirundo82
Sorry, didn't mean to imply people shouldn't ask these kinds of questions. They often form the basis for an informative debate.
I simply was saying its a good idea for CHLs to have the relevant laws bookmarked, as you can sometimes get a faster answer just looking for yourself. I apparently didn't word that correctly.
Re: Carry Question
Posted: Wed Feb 10, 2010 7:35 pm
by Wisewr
Thanks for the quick replies. The T-ball team is deffintley not a part of the school activities, so I should be okay there. I guess the thing I was getting hung up on was the word "premises." Just didn't know if premises applied to just the school building, or the entire premises that the school owns, i.e. building, land, and all.
Definition of premises: premises, a. a tract of land including its buildings. b. a building together with its grounds or other appurtenances. c. the property forming the subject of a conveyance or bequest.
Re: Carry Question
Posted: Wed Feb 10, 2010 8:46 pm
by JJVP
Wisewr wrote:Thanks for the quick replies. The T-ball team is deffintley not a part of the school activities, so I should be okay there. I guess the thing I was getting hung up on was the word "premises." Just didn't know if premises applied to just the school building, or the entire premises that the school owns, i.e. building, land, and all.
Definition of premises: premises, a. a tract of land including its buildings. b. a building together with its grounds or other appurtenances. c. the property forming the subject of a conveyance or bequest.
That might be the definition of premises in Webster dictionary. Not the correct definition as applicable to the statues.
PC §46.03. PLACES WEAPONS PROHIBITED.
(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;
(c) In this section:
(1)
"Premises" has the meaning assigned by Section 46.035.
PC §46.035 (f)(3)
(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
Re: Carry Question
Posted: Wed Feb 10, 2010 10:58 pm
by Wisewr
Thank you for that. It is obvious now that Texas law makers did not agree with Mr. Webster when it came to the definition of premises. They choose to make up a new definition, which in turn is good for us I suppose. Thanks again for clearing it all up.