Is carry in the parking lot of a school okay?  Obviously it's not the "premises" of the school.  

Right, not the 'premises' so it is okay.

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.

Quoted: 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.  

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?

Quoted: 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.  

right I was thinking the same thing,  just needed some reinforcement.

Quoted: 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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