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- Sun Aug 20, 2006 4:35 pm
- Forum: General Texas CHL Discussion
- Topic: Friend moved into a school zone...???
- Replies: 34
- Views: 6781
I do have a CHL and I remain confused as I am still thinking it is an offense to have a weapon in the 'Weapon-Free' school zone. See, I'm thinking there are two different kinds of school zones here, one being 'Weapon-Free' and the other not being so designated. As I understand it, as long as the school zone is NOT designated as 'Weapon-Free' then a CHL person is bound by 46.03(a)(1). BUT, as I also understand the second part, if the school zone IS designated as 'Weapon-Free', then it IS a offense to HAVE a weapon within 300 feet of the premises of the school (CHL or not) as opposed to committing an offense WITH a weapon within the same defined school zone as outlined in 46.11. I am not trying to be a jerk here. I am trying to understand why it is written differently.
- Sun Aug 20, 2006 2:18 pm
- Forum: General Texas CHL Discussion
- Topic: Friend moved into a school zone...???
- Replies: 34
- Views: 6781
I read post four. I also read this:
PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
(b), the punishment prescribed for an offense under this chapter
is increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the trial
of the offense that the actor committed the offense in a place that
the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic
League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section, "institution of higher education," "premises," and
"school" have the meanings assigned by Section 481.134, Health and
Safety Code.
And this:
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;
To me these are two separate issues. One is your 'normal' premises of a school (building or any portion of a building i.e., covered walkway, recessed entry, etc.) and the other applies to a 'Weapon Free School Zone' and the distance is now 300 feet from the premises of a school. What is your take on this?
PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
(b), the punishment prescribed for an offense under this chapter
is increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the trial
of the offense that the actor committed the offense in a place that
the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic
League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section, "institution of higher education," "premises," and
"school" have the meanings assigned by Section 481.134, Health and
Safety Code.
And this:
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;
To me these are two separate issues. One is your 'normal' premises of a school (building or any portion of a building i.e., covered walkway, recessed entry, etc.) and the other applies to a 'Weapon Free School Zone' and the distance is now 300 feet from the premises of a school. What is your take on this?
- Sun Aug 20, 2006 1:30 pm
- Forum: General Texas CHL Discussion
- Topic: Friend moved into a school zone...???
- Replies: 34
- Views: 6781
What about 'Gun Free, Drug Free' School zones? It is my understanding that these are completely off limits to CHL including driving past on the street. I also understand there is a case in Houston in which a person was observed transporting a rifle case from his automobile to his home located within the prescribed distance from a 'Gun Free, Drug Free' school zone.