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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 I have been critical of Rosenthal's interpretation of the now-repealed presumption of traveling, but I have no reason to believe he would try to prosecute anyone under these conditions.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.

familyman wrote: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.

Tell your friend his is wrong and to look at TPC §46.03(a)(1) & (c)(1), as well as §46.035(f)(3). You might also mention that arresting someone for something that is clearly not illegal is a civil rights violation and can subject him and his department to a §1983 suit. It matters not if he was following departmental policy, or that his DA would accept charges.

Chas.

TPC §46.03 wrote:§ 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.

TPC §46.035 wrote:§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
. . .
(f) In this section:

• (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.