TexasCHLforum.com

quoteThe definition of premises is pretty clear, but like many CHL laws things get muddy again. 46.03 starts with "premises" but continues to say weapons are prohibited on "any grounds or building on which an activity sponsored by a school or educational institution is being conducted". I wonder what the definition of "activity sponsored by a school" is? As was mentioned earlier, until some of these things go to court we won't have clear answers. Maybe one of will win the lottery so we can afford the legal fees to be the test case...[/quote]


I recall the blond lawyer lady in my initial 2002 Instructor class using the example of the CHL holder having his car washed at a school band car wash. The activity was in a commercial store parking lot. While cleaning out the inside of the car, a student noticed a gun under the seat, told an adult, she called LEO's, CHL guy is arrested for having a gun on the grounds of a school sponsored activity. The lady lawyer said this was the intent of the law. She said a CHL holder would have to leave an area if a school sponsored activity showed up. The long time Instructors know this lady lawyer and she DID NOT like the CHL program or anyone that carried a handgun. In later requal classes, I heard some good "discussions" between her and some of the Instructors.

This is always a discussion point in my CHL classes. The students want a definitive answer to this situation and I can only read them the law. I bring up both sides of equation and tell them to use their best judgement. I explain we are a law abidding group and there is very little case law. I have had the "honor" to serve on 6 jurys...5 criminal and one civil. Each time, the Judge would tell us the law right before we retired to the jury room. If I were on trial and the Judge read the law "ANY grounds or building on which an activity sponsored by a school....is being conducted, I would be afraid that most would take that statement literally and vote to convict.

I believe the State of Texas does not believe this way. CHL holders are allowed into the State Capitol all day long with multiple school sponsored tours in the building.

TrackinPat wrote:

oohrah wrote:I work on a private residential college campus. School rules in addition to the law allow CHLers to keep their carry locked in their vehicle in campus parking lots. I have a small safe secured to the car under my front seat for such purpose.

Regardless of others comments, my take is that I cannot go anywhere on the grounds where there are not students; walking to class, congregating, sitting on benches studying, whatever. It would be very easy for a reasonable person to conclude that school activities were occurring on the grounds at all these times, making them off-limits.

YMMV, but I'm not going to be a test case.

I think I'm going to take your route and do it that way.

I think you have come to a wise decision.

We can all read what the CHL law says, but it takes a court to say what that law means. I think your Instructor was very liberal in their interpretation of the law. I will not say (s)he is wrong because I know many people interpret this area of CHL law this way. I live in Katy, and several Katy ISD Police Officers work part time security at my Church. I know from talking to them that they are confused when it comes to some CHL law. That confusion could lead to a ride to the big house and your picture on the front page of the Katy Times. You are perfectly legal (have been for a long time) to have your gun locked in your car while in the parking lot. There was a question on the CHL written test alluding to this very scenario. The problem was the College/University not allowing students ANYWHERE on campus with a gun. If caught, you would be expelled forever from that school. Now, they are not allowed to have those rules, but I would bet some still do. Keep your gun WELL concealed and you will never have a problem. Go on the Katy High School track in gym shorts, Under Armour skin tight shirt and a IWB holster with your 1911 and you will get to test your Instructor's interpretation.