AddyLO wrote:I work very near a state university and occasionally drive across the campus (via city streets) on my way to and from lunch.
If I carried at work and took such a route would I be in violation of the prohibition of weapons on school grounds (PC 46.03(a)(1))? I would expect the answer is "yes" but I'm not clear on whether city streets are technically considered "school grounds". Or is this one of those as-of-yet untested areas?
Short answer is NO problem as long as you have a CHL. If you don't have a CHL, then the Federal GFZA will get you. See below:
PC §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;
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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;
(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
Gun Free Zone Act 1996
18 USC § 922 Unlawful acts
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm t h at has moved in or that otherwise
affects interstate or foreign commerce at a place that
the individual knows, or has reasonable cause to
believe, is a school zone.
(B) Subparagraph (A) shall does not apply to the
possession of a firearm—
(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located
or a political subdivision of the State, and the law of
the State or political subdivision requires that, before
an individual obtains such a license, the law
enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
