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by ScottDLS
Tue Nov 23, 2010 10:52 am
Forum: General Texas CHL Discussion
Topic: School property/zone question
Replies: 22
Views: 3193

Re: School property/zone question

seamusTX wrote:First of all, the lady said she walks 4 miles round-trip to school, so being in a motor vehicle is irrelevant to the specific question.

Second, this idea that you can decide whether you are carrying under the CHL, MPA, or another statute is unproven. I do not suggest anyone depend upon such a theory until it is upheld in appeals court.

- Jim
So can a police officer with a CHL, decide that he's not carrying under CHL when he's open carrying in uniform? Can you unconceal at the range without falling afoul of 46.035? Can you carry openly in your own home when you have a CHL on you?

If one were really paranoid, you could make sure you didn't have your card on you in any of these situations. Then you COULDN'T be carrying under your CHL because you don't have it on you. However, as you point out, this is irrelevant as the OP is walking.... :roll:
by ScottDLS
Sat Nov 20, 2010 12:21 pm
Forum: General Texas CHL Discussion
Topic: School property/zone question
Replies: 22
Views: 3193

Re: School property/zone question

Tex_Jonnie wrote:I am hoping to get my CHL before the New Year. I have to walk children 4 miles round trip to school in the morning and back in the afternoon. I physically have to walk onto school property to drop them and retrieve them. Am I allowed to concealed carry in the school zone? If so, where can I not carry on the school property? Can I carry on the lawns, sidewalks, driveways & parking lots or are any of those off limits? If I cannot carry on the school property, where does school property end? Can I carry on the sidewalk by the public road? Obviously, the school property/zone causes me some confusion, but I'd like to be able to protect the children and myself. Any clarifications, statutes/sections/laws and definitions would be appreciated...
With your Texas CHL you can generally carry except on school "premises" OR areas where school sponsored activities are taking place. Cite as follows:
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
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.
...
PC §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;
...
(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.
So the way I read it you are fine unless you walk into a school building or the immediate area where a school activity (like a sports practice) is taking place.

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