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School Christmas Party
Posted: Wed Dec 17, 2014 6:08 pm
by Itnkrman
I think I know the answer but want some additional input/clarification.
Tonight is my wife's Christmas Party for the junior high school teachers. The party IS NOT on school premises but is being held at a dinner/movie theater. However, the event is being paid for by the school.
Is this a legal carry situation or does the fact that the school is paying for the event make is a school sponsored function thus making it illegal to carry.
I'd appreciate your feedback.
Re: School Christmas Party
Posted: Wed Dec 17, 2014 6:18 pm
by Keith B
There are mixed ideas on whether a school sponsored function off campus is off limits. Some feel that unless it is on school property, then it would not be off limits.
HOWEVER, I personally would not want to be the test case since it is sponsored by the school and you might have to spend a lot of money on a legal battle to find get the ruling which would hopefully be in your favor, but may not be.
Re: School Christmas Party
Posted: Wed Dec 17, 2014 6:25 pm
by Itnkrman
Keith B wrote:There are mixed ideas on whether a school sponsored function off campus is off limits. Some feel that unless it is on school property, then it would not be off limits.
HOWEVER, I personally would not want to be the test case since it is sponsored by the school and you might have to spend a lot of money on a legal battle to find get the ruling which would hopefully be in your favor, but may not be.
That's pretty much what I was thinking and thank you for your quick response.
Re: School Christmas Party
Posted: Wed Dec 17, 2014 9:23 pm
by nightmare69
If it's considered a school sponsored activity then it's off limits reguardless of where the activity is taking place. This is my opinion.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 5:36 am
by jmra
Good question. I would not want to be the test case, but I think that the argument could be made that the intent of the law banning carry at "school functions" off campus assumes that students will be present at the event. Given the absence of students, the event has no educational purpose, and is not on school property makes it a very gray area (IMHO).
Again, I would not want to be the test case.
ETA: the more I think about this, if I were to attend such an event (I avoid them like the plague), I would probably feel legally justified carrying. My rationale being:
1. IMHO the law is too vague in this scenario. Unless you're in Austin I doubt you would have anything to worry about.
2. What school function? If there were an issue, someone has to actually connect the dots. Not very likely. I might feel differently about this if the school rented the entire venue and it was closed at that time to the general public.
3. Given the situation (refer to number 1) and the fact that I do an excellent job of concealing my firearm, the only way anyone is going to find out I'm carrying is if it's use is required. In that case I'm more than glad to deal with any fallout.
Again if the law were more specific banning carry at such an event, the point would be moot. I am in no way suggesting that anyone should violate the law because "concealed is concealed".
I would feel much more comfortable carrying in this situation than I would carrying past a 30.06 sign with 7/8" letters.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 9:11 am
by jimlongley
When my wife was invited to the awards dinner that PISD sponsored at Southfork, I determined that the school district was paying for the event and did not carry. When her school had a Christmas party that was NOT paid for by the school district, I did.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 9:30 am
by RPBrown
jmra wrote:Good question. I would not want to be the test case, but I think that the argument could be made that the intent of the law banning carry at "school functions" off campus assumes that students will be present at the event. Given the absence of students, the event has no educational purpose, and is not on school property makes it a very gray area (IMHO).
Again, I would not want to be the test case.
ETA: the more I think about this, if I were to attend such an event (I avoid them like the plague), I would probably feel legally justified carrying. My rationale being:
1. IMHO the law is too vague in this scenario. Unless you're in Austin I doubt you would have anything to worry about.
2. What school function? If there were an issue, someone has to actually connect the dots. Not very likely. I might feel differently about this if the school rented the entire venue and it was closed at that time to the general public.
3. Given the situation (refer to number 1) and the fact that I do an excellent job of concealing my firearm, the only way anyone is going to find out I'm carrying is if it's use is required. In that case I'm more than glad to deal with any fallout.
Again if the law were more specific banning carry at such an event, the point would be moot. I am in no way suggesting that anyone should violate the law because "concealed is concealed".
I would feel much more comfortable carrying in this situation than I would carrying past a 30.06 sign with 7/8" letters.
I agree with this on all counts. I would, however, check the venue to see if it is 30.06 posted. Some of these movie/dinner places are posted.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 9:50 am
by Itnkrman
Given the shades of gray in the law and not wanting to be a test case, I chose to find the nearest parking spot to the front door (I got lucky) and locked my sidearm in the car.
As it turned out, there was very little mingling and the movie started shortly after everyone showed up and was served. Previously unknown to me, there's also a dedicated restaurant and additional movie screens at this location so there were many other people mingling around. In the end I probably could have carried without incident as I feel I carry concealed very well. Regardless, we got a free meal, a free funny movie (Christmas Vacation) and got to spend some time with my wife, all without incident.
Thank again for everyone's feedback!
Re: School Christmas Party
Posted: Thu Dec 18, 2014 8:11 pm
by CC Italian
As someone who works in an ISD I have had something similar to this come up. Yes it is a gray area but I have a few questions. Is it a private party and therefore closed to others? Meaning do they rent out the whole theater building, just one showing that is private? Just wondering.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 8:19 pm
by LDB415
jmra wrote:Given the situation and the fact that I do an excellent job of concealing my firearm, the only way anyone is going to find out I'm carrying is if it's use is required. In that case I'm more than glad to deal with any fallout.
Matches my thought and probably action.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 8:25 pm
by CC Italian
The way it was explained to me by our campus officer who was at the party and carrying in civilian cloths is that if the venue is private and the school is paying for it then it would be a no go but if others are allowed in to the same room or in your case theater who are not part of the school party and are not payed for by the district or guests of the district it doesn't apply.
Basically if it is ISD employees with family only and a private screening that the ISD pays for then it is a no go. But if it is open to the public and mixed with others and school employees and they aren't paying for you then you are good to go.Some districts (most) don't pay for out of school Christmas parties, ours doesn't. You just all show up and pay your own way even if they reserved the restaurant, theater etc. Just a whole bunch of coworkers getting together after work basically.
Re: School Christmas Party
Posted: Thu Dec 18, 2014 8:36 pm
by CC Italian
I think what shocks me the most is that your ISD payed for it. I have worked in several ISD's over the years and never once did they pay for anything out of school for food or entertainment. The closest would be when we get to go do professional development to another city and they pay for all or part of our hotel and maybe some of the food.
Re: School Christmas Party
Posted: Wed Dec 24, 2014 12:17 pm
by Deltaboy
IMO if it not in a schoolowned buildings and there is no 30-06 sign I just carry after all CCW means Concealed.
Re: School Christmas Party
Posted: Wed Dec 24, 2014 8:59 pm
by RoyGBiv
Paid for by the school?
Could not be any more clearly "school sponsored "
Off limits.
IMO. YMMV.