TexasCHLforum.com

seamusTX wrote: Being in your car on school property is not illegal, so the cop has no valid basis for an arrest. He might arrest you, but it the charge isn't going to stick.

- Jim

Not according to the misinformed instructor that I had for my renewal class. He started arguing with me that even though a 30.06 sign posted at the entrance to a public school parking lot MIGHT not be enforceable, that I shouldn't do it, "...unless I was sure that I could count on my wife to bail me out of jail and agree to pay the legal fees that I will need to fight the charge.", (because any money I had was also "hers" and if she didn't agree to spend it that way then I couldn't either).

How's that for a low class move by an instructor? To be honest, I have no idea if it is even true under TX law, but I think it was highly inappropriate for him to even go there.

I told him that not only did I have that angle fully covered, but that it was none of his business how.

Not meaning to hijack this thread. Just could not help venting on this one. It still sticks in my craw even though months have passed since then.

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or ecklessly possesses or goes with a firearm, illegal knife, club, or rohibited 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;

. . .

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

I think I am pretty clear on the intent of the legislators here. They wanted to allow for parents to drop off and pick up students while having a weapon in their cars. And I fully agree that this is how it should be (at least. Actually, I would favor CHL's being allowed to carry in schools without any restrictions, but that is a different issue.).

But do you (Chas) think there is any way a DA could read the law such that children entering or leaving the school could be classified as "an activity sponsored by a school or educational institution"?

If so, carrying while dropping off or picking up would be against the law.

What is the legal definition of "activity" as it appplies in the referenced statute?