TexasCHLforum.com

Charles L. Cotton wrote:

frankie_the_yankee wrote: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"?

No, entering and leaving a building is not a "sponsored" activity. I have been critical of Rosenthal's interpretation of the now-repealed presumption of traveling, but I have no reason to believe he would try to prosecute anyone under these conditions. To be perfectly honest, I don't think anyone in the Harris County DA's office actually said they would accept charges under these circumstances. I suspect that was just inaccurate locker-room banter. I'm not saying the Deputy is lying and that he never heard that statement made; I just think he heard inaccurate information, or information based upon a different fact pattern.

Chas.

I respect you opinion.

This LEO was very clear in what he thought was the law and also what he thought about this topic.

After this conversation and others that we had. I did not feel as though the CHL holder is looked upon in a positive light by the HCSD.

As a CHL holder and I am armed. I get pulled over for 5 MPH over the speed limit in a school zone. Officer asks for my ID and I present as required my TDL as well as my CHL. He asks me if I am rmed and I answer with yes sir. He asks me where I am coming from and I respond that I just dropped my child off at school. At this point I have admitted to having a gun and that I was on school property. No need to conscent to search at this point.

I believe that in the world we live in today, anything is possible.

Chas,
I will inform him of the TPC that you have pointed out. He is in fact a HCSO. I am in Texas, Harris County in fact. I have my CHL and used the CCL reference by mistake.

Scenario for consideration.

My child gets dropped off in the morning to a child care facility by the wife. The child care facility takes him to and from school. After school, I go to said facility and pick up my child. He is not at school. They have picked up from several schools and there are school kids there. Some doing homework, some playing. I enter the facility and sign my child out as required by the facility. Am I in violation as a CHL holder for entering this facility armed and concealed?

What if it is in a church where these kids are?


I think I am clear. It is not a school. There are babysitters at this facility, not teachers. I could run into a babysitter at Wal-Mart.

Thanks in advance,
FM

I had a conversation with a friend of mine last night. He is LEO. He advised me that CCL or not, school in session or not. School function happening or not that having a firearm on the propety of the school was against the law. I told him that I was taught that on the property was not against the law. That a CHL holder could disarm in the car, secure the weapon, do his buisness in the school and return to his car without being in violation of the law. He told me that I was wrong and that his DA had accepted charges against someone for doing exactly that.