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Posted: 2/9/2006 8:56:39 AM EDT
Is carry in the parking lot of a school okay? Obviously it's not the "premises" of the school.
Link Posted: 2/9/2006 9:36:34 AM EDT
Right, not the 'premises' so it is okay.
Link Posted: 2/9/2006 10:43:35 AM EDT
You just cannot go into the building.
If there is a UIL event going on - you cannot enter the stadium.

If you work for the district - you might want to check their policy for firearms -
You could still be reprimanded if they say no firearms on school grounds.
Link Posted: 2/9/2006 6:53:04 PM EDT

Originally Posted By Geologist2:
Is carry in the parking lot of a school okay? Obviously it's not the "premises" of the school.



Do you have a CHL?

Regarding the stadium, if it is a High School or College event carry is prohibited, regardless if it is UIL sponsered, sanctioned or approved.
Link Posted: 2/10/2006 5:36:25 AM EDT
yes I have a CHL and yes I work for the district.

the employee handbook states:

The Texas Penal Code, Sec 46.03, prohibits firearms, illegal knives, clubs or any prohibited weapons on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or school transportation vehicle. Any violation of this policy by a school district employee can result in immediate termination.

so what do you guys think?
Link Posted: 2/10/2006 5:50:14 AM EDT

Originally Posted By Geologist2:
yes I have a CHL and yes I work for the district.

the employee handbook states:

The Texas Penal Code, Sec 46.03, prohibits firearms, illegal knives, clubs or any prohibited weapons on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or school transportation vehicle. Any violation of this policy by a school district employee can result in immediate termination.

so what do you guys think?



In your CHL class they should have covered carry at schools and defined "premises". Texas CHL laws defines the premises as not including the parking lots, walkways, etc.

Your policy quotes 46.03, so I would think carry in your vehicle is fine.
Link Posted: 2/10/2006 5:59:42 AM EDT
right I was thinking the same thing, just needed some reinforcement.
Link Posted: 2/10/2006 6:09:07 AM EDT
[Last Edit: 2/10/2006 6:10:41 AM EDT by FALARAK]

Originally Posted By Geologist2:
yes I have a CHL and yes I work for the district.

the employee handbook states:



Employee handbooks aren't legal statutes.


The Texas Penal Code, Sec 46.03, prohibits firearms, illegal knives, clubs or any prohibited weapons on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or school transportation vehicle. Any violation of this policy by a school district employee can result in immediate termination.

so what do you guys think?



Doesn't matter WHAT we "think". All that matters, is "what does the law say?"


§ 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;

(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section
46.035.
(2) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17,
eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.

(h) It is a defense to prosecution under Subsection (a)(4)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road;
or
(2) at the actor's residence or place of employment.


§ 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:

(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(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;





I am not a lawyer.... but looking at 46.035 - that is where we get the "premises" stuff that is always hashed out in CHL class. 46.035 states only the "premises" are off limits to license holders.... and 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."

HOWEVER..... reading 46.03 - it specifically states that it is against the law to carry on "any grounds or building on which an activity sponsored by a school or educational institution is being conducted, and then specifically states that it is NOT a defense of prosecution to have a CHL.

From me reading that.... I'd say anytime the school or education institution is having an activity, those "grounds" are off-limits.

Interesting. So it really comes down to how does the law define a "sponsored activity"?


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