Page 1 of 2

Need a refresher....

Posted: Fri Apr 07, 2017 12:40 pm
by The Annoyed Man
So my wife and I, right now, are at a local municipal park near my house, walking and playing with our grandchildren. I am open carrying... which up to now, either nobody notices or seems to care. After we had been here for about a half hour, a GCISD school bus pulls up and disgorges about 40 or 50 kids, all wearing the same t-shirt which seems to indicate that they are part of some school club. They are setting up for a picnic, and it appears to be an official school activity.

What are my legal obligations, if any? Does their arrival suddenly make the park offf limits to me? I don't want to leave yet.

BTW, my wife is carrying too, in her purse.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 12:44 pm
by Papa_Tiger
The Annoyed Man wrote:So my wife and I, right now, are at a local municipal park near my house, walking and playing with our grandchildren. I am open carrying... which up to now, either nobody notices or seems to care. After we had been here for about a half hour, a GCISD school bus pulls up and disgorges about 40 or 50 kids, all wearing the same t-shirt which seems to indicate that they are part of some school club. They are setting up for a picnic, and it appears to be an official school activity.

What are my legal obligations, if any? Does their arrival suddenly make the park offf limits to me? I don't want to leave yet.

BTW, my wife is carrying too, in her purse.
Following the logic of a recent OAG opinion, since the school does not control the location, it does not become off limits to you as a private citizen when school children show up. That being said, I would probably cover up if possible to avoid any confrontations with MDA or their ilk that may be "supervising" this field trip.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 12:46 pm
by Flightmare
The Annoyed Man wrote:So my wife and I, right now, are at a local municipal park near my house, walking and playing with our grandchildren. I am open carrying... which up to now, either nobody notices or seems to care. After we had been here for about a half hour, a GCISD school bus pulls up and disgorges about 40 or 50 kids, all wearing the same t-shirt which seems to indicate that they are part of some school club. They are setting up for a picnic, and it appears to be an official school activity.

What are my legal obligations, if any? Does their arrival suddenly make the park offf limits to me? I don't want to leave yet.

BTW, my wife is carrying too, in her purse.
As Papa_Tiger said, they are not in control of the park. Charles mentioned a similar scenario in one of his podcasts. Where a school on a field trip stops at a fast food location to feed the kids. If you happen to be in the restaurant at the same time, so be it. They are not in control of the facility.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 12:59 pm
by Pariah3j
Image

Re: Need a refresher....

Posted: Fri Apr 07, 2017 1:07 pm
by rtschl
Not unless the school owns the park. I think it would be the same if the busload of kids unloaded while you were at the public library.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 1:42 pm
by RPBrown
I would throw this in along with the kids that collect outside my house to catch the school bus. Although a regular stop for them, they don't own nor have control of the property.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 1:44 pm
by Jusme
I belive this opinion was rendered when carry at the State Capitol was being considered. And the Legislature decided that carry was still allowed even though the Capitol hosts several school field trips. But my memory is suspect on good days so I may be mistaken.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 2:17 pm
by The Annoyed Man
Thanks guys! I suspected that to be the case, but I found myself deeply embedded in a senior moment, and the mental gears locked up and I couldn't for the life of me remember! :oops: Thank God for LTE cellular connections! We are home now. By the time we left the park, any number of people sitting near us whom I spoke with about just general stuff both while sitting and standing, never mentioned a word about my carrying......and I'm pretty sure some of them must have noticed. If there was going to be trouble, I most expected it to come from any of several moms with toddlers, all of whom had a good chance to observe me as we were all standing around over by the playground equipment and chatting while the kids all played. If anybody even looked at my gun, it was behind my back. Nobody......as usual.....seemed to care, including the adults supervising the school group.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 7:27 pm
by MeMelYup
As long as you are not a part of that school group and it isn't on school property, you are ok to carry.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 10:29 pm
by C-dub
The Annoyed Man wrote:Thanks guys! I suspected that to be the case, but I found myself deeply embedded in a senior moment, and the mental gears locked up and I couldn't for the life of me remember! :oops:
It happens to the best of us, but usually only when going from one room to another. Not while just sitting in a park feeding the pigeons. :biggrinjester:

Re: Need a refresher....

Posted: Fri Apr 07, 2017 10:54 pm
by Lynyrd
Had a similar situation recently when I went to a city park to watch my grandson's t-ball game. The games are sponsored by a Little League association with no school ties. I was CC, and didn't think much about it until a school bus pulled up and unloaded a girls softball team that had a game on another field in the park. I wasn't sure either, but I played it quiet and carried on.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 11:18 pm
by Flightmare
Lynyrd wrote:Had a similar situation recently when I went to a city park to watch my grandson's t-ball game. The games are sponsored by a Little League association with no school ties. I was CC, and didn't think much about it until a school bus pulled up and unloaded a girls softball team that had a game on another field in the park. I wasn't sure either, but I played it quiet and carried on.
I went to my nephew's flag football game at a local elementary school. I asked his parents up front, is this league operated by the school? or an athletic association? When I found out it was an athletic association, it didn't matter to me that it was on a school's field. Any more than sitting at the playground of a school on the weekend with my nieces and nephews.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 11:38 pm
by ScottDLS
Weren't you worried about taking the "ride"? We've only had legal carry in TX for 21 years. I would be worried about cops not knowing the law.

Re: Need a refresher....

Posted: Fri Apr 07, 2017 11:48 pm
by Flightmare
ScottDLS wrote:Weren't you worried about taking the "ride"? We've only had legal carry in TX for 21 years. I would be worried about cops not knowing the law.
Well, 21 years ago I wasn't even old enough to drive.

Re: Need a refresher....

Posted: Sat Apr 08, 2017 10:56 am
by The Annoyed Man
ScottDLS wrote:Weren't you worried about taking the "ride"? We've only had legal carry in TX for 21 years. I would be worried about cops not knowing the law.
:lol: