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by mloamiller
Tue Apr 21, 2015 12:59 pm
Forum: General Texas CHL Discussion
Topic: Frisco ISD
Replies: 11
Views: 3215

Re: Frisco ISD

This is one of those areas where the law is very unclear, since it does not specifically define what a "school" is and isn't (the penal code does in other areas, but not related to CHL). If an ISD admin building falls into that category, and it certainly sounds like it could, then:
  • Does "educational institution" include Lincoln Tech, Sears Driver Training, a place in a strip center giving pottery lessons?
    Does "any grounds ... activity sponsored by a school..." include the 7-11 hosting a car wash for the local HS band?
I've always believed that a "school" meant what we think of traditionally - an elementary school, Jr. high, Sr. high - but I can't see where that definition comes from, as it relates to CHL. 46.035 gives a more concise definition, but 46.03 still applies as well.
:banghead:
Sec. 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;
(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.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
(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;

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