Carry at church during high school sporting event?

[thenick_ttu]

I plan on going to a high school basketball game tonight of a private school. The school rents the gym of a local church and play their games there. Assuming the church is not 30.06 posted, am I legal to carry at this basketball game? I'm thinking yes because it isn't on any type of school property but thought I'd check here before I did anything foolish. TIA

[grumble]

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(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:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(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;
...

Emphasis added by me. Short answer: NO you can't carry.

[TexasCajun]

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;

Makes no difference that the event is a private school or if the event is being held at a church. What disqualifies you from carrying (currently) is that the event is a high school sporting event. Secure your handgun in the car before going into the game.

[RottenApple]

I plan on going to a high school basketball game tonight of a private school. The school rents the gym of a local church and play their games there. Assuming the church is not 30.06 posted, am I legal to carry at this basketball game? I'm thinking yes because it isn't on any type of school property but thought I'd check here before I did anything foolish. TIA

If it's a school sponsored event (and it certainly sounds like it is), then it's not legal to carry there unless you have written permission.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, 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 w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

[grumble]

If it's a school sponsored event (and it certainly sounds like it is), then it's not legal to carry there unless you have written permission.

Careful. 46.035 regarding high school sporting events does NOT have a provision for written permission.

[RottenApple]

If it's a school sponsored event (and it certainly sounds like it is), then it's not legal to carry there unless you have written permission.

Careful. 46.035 regarding high school sporting events does NOT have a provision for written permission.

No, but 46.03 does. Possible conflict in the law?

[thenick_ttu]

(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;
...

Emphasis added by me. Short answer: NO you can't carry.

Thanks! I was thinking that subsection only said "professional sporting event." I had forgotten about the "high school and collegiate" part. Thanks everyone!

[grumble]

If it's a school sponsored event (and it certainly sounds like it is), then it's not legal to carry there unless you have written permission.

Careful. 46.035 regarding high school sporting events does NOT have a provision for written permission.

No, but 46.03 does. Possible conflict in the law?

No. 46.03 prohibits carry on private or public school premises unless permission is granted, however, 46.035 expressly prohibits carrying at a professional, collegiate or high-school sporting event. There are no additional provisions. It is unlawful. "Lawful" must pass ALL tests, not just some.

IANAL but i'd bet a paycheck on this.

[Charles L. Cotton]

If it's a school sponsored event (and it certainly sounds like it is), then it's not legal to carry there unless you have written permission.

Careful. 46.035 regarding high school sporting events does NOT have a provision for written permission.

No, but 46.03 does. Possible conflict in the law?

It's not really a conflict, but something that does need to be changed.

Note also that TPC §46.03(a)(1) applies to property owned by a school, though it's not expressly stated that way. I say this because of the phrase that allows a school to provide written authorization to carry at a school sponsored activity. Schools can great authority to carry on their own property, but not property they do not own. This is why McDonald's is not off-limits when a school football team stops to eat. CAVEAT: This is my legal analysis -- there is no case law on point, so travel at your own risk.

TPC §46.035(b)(2) applies to CHL's only and it focuses on the activity, not the property. CHL's cannot carry a handgun at a high school sporting activity regardless where it is help and regardless who owns the property.

Chas.

[C-dub]

So, if I were chaperoning a school dance being held at that same church gymnasium, that is not owned by the school, I could carry?

[Maxwell]

My wife and her friends work several Caraft Shows in the greater Houston area. Several of those are on school grounds such as the Merrill center in Katy and the berry Center in Cypress. School grounds or scholl function equals no carry to me.

But IANAL and may be wrong. But I don't want to be the test case either...

[Keith B]

My wife and her friends work several Caraft Shows in the greater Houston area. Several of those are on school grounds such as the Merrill center in Katy and the berry Center in Cypress. School grounds or scholl function equals no carry to me.

But IANAL and may be wrong. But I don't want to be the test case either...

School grounds are OK as long as there is not a school sponsored function occuring (band practice, football practices, etc.) School bulidings are ALWAYS off limits. School sporting events are a no carry no matter where they are.

[n5wd]

So, if I were chaperoning a school dance being held at that same church gymnasium, that is not owned by the school, I could carry?

Nope. If it's sponsored by the school.

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 s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;