dallas zoo

[kikazz]

First to all hi this is my first post on this forum I just need to know if that dallas zoo is ok to carry and the second thing I'm meeting my son at the zoo but he will be with the school need to know if this will be ok to carry too, I will not be taking the school bus but meeting him up there? Thanks in advance

kik

[RPBrown]

You can carry at the zoo as it is owned by the city. I would also think you will be okay with your son as you are not actually with the class.

[NcongruNt]

Well... you would think that... but..

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;

It doesn't say anything about rather or not you are a part of the school function, just that you cannot carry on the grounds an activity sponsored by a school is being conducted.

Would a field trip to the zoo be considered an activity being sponsored by the school? I would think so, but that is going to be a huge problem as one would never know what a school is or isn't visiting

I think it likely needs to be a more official capacity other than if the class just happens to be there. If a school were to rent out a stadium or an auditorium for graduation, that would qualify. If I'm at a city-owned zoo, and a class of elementary school kids passes by on a field trip, I don't think it would apply. Perhaps I'm wrong. Schools take kids on trips to the Capitol building too, but I don't think that would negate me from being able to carry. Anyone have any input on this?

[Idjut]

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,".

IMUO, neither a zoo nor the Capitol count as a school or educational institution and I would not hesitate to carry in either if school groups were present. That being said, I would still be nervous if I had any 'official' interaction with the school outing. You know, overeager prosecutors and all.

[TxBlonde]

last time I asked, if you were at a school sponsored event and you was walking around with the class you CAN NOT carry.

If you take your son separate from the class yes, if not , I would not risk it.

[txinvestigator]

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,".

.

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

[stevie_d_64]

Interesting legal conundrum this is...

This is a classic textbook "test case" senario...

Everything about this reeks of "How are they going to know" to "You probably shouldn't"...

But, with the code pasted here, it seems to me a "school activity" regardless of the "place" you go to conduct this "school activity" it still falls into that catagory, you'd still be prosecuted...

Personally...I'm glad people are discussing the frustrating aspects of what we have to deal with, and more important how aware we are, and how much we go out of our way to comply with a law that leaves some of us defenseless...

I don't know what you could do in this instance...All I do know is the technical side of the argument would, more than likely, side on the "school activity" aspect, and you'd probably lose if you tested this...

This is just my opinion...

Lawyers and some others should come in here and stir the pot...

[seamusTX]

Court is in session, the Honorable Justice Casey presiding.

(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,

The underlined word or makes these clauses independent. The intent of the legislature was that CHL holders were not to carry in school buildings, in any place where a school activity was being held, or on school buses.

Therefore we uphold the guilty verdict. Court is adjourned.

- Jim

[txinvestigator]

So... that means a no go if you are carrying in a public place that just happens to have a school sponsored activity happening at the same time? Such as at a public park?

it would appear..................

[txinvestigator]

§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.

[stroo]

However, if you meet your son at the zoo and you know he is on a class trip, then you do meet the culpability standard. So no, kikazz can not carry.