easyridertejas wrote:I hope i am in the right section to ask this sort of question. I am looking for opinions on the meaning of PC 46.03 a and PC 46.03 1.
PC §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
And
(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;
I am interesed in how the castle doctrine impacts my ablilty to carry in my car if i work On the premisies of an educational Institution. Thanks for any and all opinons.
Short answer is you can carry in your car based on the "Motorist Protection Act", not "Castle Doctrine" (which relates to the duty to retreat and civil liability for shooting an intruder in your home). The reason is because
premises in 46.03 does not include the parking lot, grounds, etc. Note if a school sponsored activity is taking place in the parking lot or grounds, then you can't carry in your car or on your person there. Also if you carry outside your car, you need to have a CHL.
There is also a federal law that prohibits you from carrying within 1000' of a school unless you have a Texas CHL, but I'm answering based on the Texas law. Relevant Penal Code cited below.
...
(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,
...
(1) "Premises" has the meaning assigned by Section 46.035.
...
46.035
...
under Subchapter H, Chapter 411, Government Code.
(3) "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.