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School Property Off Limits to CC?
Posted: Tue Jul 25, 2006 9:56 pm
by 40FIVER
I live in a small town where the entire school district - high school, jr high school and elementary are all on the same parcel of land. There are also 2 football practice fields on the same property. It is one huge block with residential streets on all 4 sides. I walk my dog to the school grounds everyday. She is let off leash to chase her ball and then we walk around the property for more exercise. We never enter any buildings but do walk on the sidewalks near the school buildings. This is always done late in the evening after classes are over and everyone is gone.
My queston: Is it still off limts to concealed carry when "school" is over for the day? How about if I never enter school buildings, but am actually on school property as described above?
We were attacked by 2 dogs today that had to be fought off using my dogs leash. The more I defended us the more aggressive the dogs got. My dog is a pacifist to the max and was looking to me to protect her. I wasn't carrying due to it being school property. I will be better "armed" tomorrow, even if only a baseball bat.
Thanks for your respones
Charlie
Posted: Tue Jul 25, 2006 11:37 pm
by No4Mk1
Well, according to PC 46.035, the "premises" of the school does not include "any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."
I would read taht to say that as long as you stay strictly to the sidewalks and parking lots then you are within the letter of the law. However, given that you say you let the dog off her leash I would guess you would have a hard time limiting yourself to that. I would suggest pepper spray, or better yet another venue if possible(like a public park not on the school grounds).
HTH
Posted: Tue Jul 25, 2006 11:58 pm
by Charles L. Cotton
As long as you stay out of the buildings and off any grounds where an activity sponsored by the school is taking place (ex. football practice), you are fine.
Chas.
Re: School Property Off Limits to CC?
Posted: Tue Jul 25, 2006 11:59 pm
by txinvestigator
40FIVER wrote:I live in a small town where the entire school district - high school, jr high school and elementary are all on the same parcel of land. There are also 2 football practice fields on the same property. It is one huge block with residential streets on all 4 sides. I walk my dog to the school grounds everyday. She is let off leash to chase her ball and then we walk around the property for more exercise. We never enter any buildings but do walk on the sidewalks near the school buildings. This is always done late in the evening after classes are over and everyone is gone.
My queston: Is it still off limts to concealed carry when "school" is over for the day? How about if I never enter school buildings, but am actually on school property as described above?
We were attacked by 2 dogs today that had to be fought off using my dogs leash. The more I defended us the more aggressive the dogs got. My dog is a pacifist to the max and was looking to me to protect her. I wasn't carrying due to it being school property. I will be better "armed" tomorrow, even if only a baseball bat.
Thanks for your respones
Charlie
Do you have a CHL?
Posted: Wed Jul 26, 2006 12:06 am
by KBCraig
Charles L. Cotton wrote:As long as you stay out of the buildings and off any grounds where an activity sponsored by the school is taking place (ex. football practice), you are fine.
Chas.
Just to expand a bit, it doesn't matter whether or not school is in session. Even during the middle of the school day, you can carry on school sidewalks or grounds, so long as you don't enter the buildings.
Outdoor areas are off limits if there are school activities taking place there, as Charles said.
All of this assumes you have a CHL, as txinvestigator noted.
Kevin
Posted: Wed Jul 26, 2006 8:14 am
by Venus Pax
I teach at a public school, so I looked at this law heavily when I was in my class. You can carry on sidewalks, the lawn, and the parking lots, as long as a school event is not taking place there.
If they're having athletic practice in the field, don't go there w/ a gun. If they're having a bake sale or out-door pep-rally, don't go there w/ a gun.
Otherwise, you're good.
If you're confident w/ OC or pepper spray, bring it. It would be a good intermediate defense that could keep you out of court.
I'm with you-- I'd shoot to defend my dog (or cats), but would rather not if I don't have to.
Posted: Wed Jul 26, 2006 9:15 am
by PWK
Dogs mean Fox Spray to me, not handgun.
Posted: Wed Jul 26, 2006 9:26 am
by ElGato
PWK wrote:Dogs mean Fox Spray to me, not handgun.
+

Posted: Wed Jul 26, 2006 8:01 pm
by 40FIVER
Thanks for the responses. I've had my CHL since '97. I became an avid (24/7) gun carrier about 2 years ago.
I'll make sure to leave my handgun at home if there is any school sponsored activity going on. I never enter any buildings but am on school property the entire time.
I'm a dog lover and don't want to shoot the dogs, but a 9 yr old girl was bit in the face by one of the dogs after I left the area. The dogs live directly across the street from the main school building and normally they are fenced in the back yard; but somebody opened the gate and let them out yesterday evening.
The scary thing about the attack was the way they went about it. It was like they planned the attack. First, they showed up out of nowhere. Secondly, one or the other would always try to get behind me and I couldn't keep both in front of me at the same time. I literally had to continously turn in circles to fight em off. The more I tried to defend us the more aggressive they became. In my experience with dogs, they will usually run off if a human shows aggression to them. These two thrived on it. BTW, there is not an ounce of pit bull in either of them. One looks about 50% golden retriever 50% lab; the other looks like those dogs that like to herd sheep.
I agree that normally spraying a dog is the appropriate thing to do, but I think these 2 mutts have graduated past that. I don't have any OC or pepper spray and I am NOT going to change my routine because of those dogs. I guess it's the baseball bat or the handgun.
The owner called me about it last night, but he just had a hum-ho attitude about the whole thing. I told him that if they attacked us again, that I would kill them on the spot. He said he could understand that.
Posted: Wed Jul 26, 2006 8:43 pm
by Crossfire
40FIVER wrote: I'm a dog lover and don't want to shoot the dogs, but a 9 yr old girl was bit in the face by one of the dogs after I left the area. The dogs live directly across the street from the main school building and normally they are fenced in the back yard; but somebody opened the gate and let them out yesterday evening.
And how is it that these dogs were not removed after that incident?
Posted: Wed Jul 26, 2006 9:37 pm
by 40FIVER
If I had be carrying, there is no doubt I would have shot both of them dead. LEO was not notified or involved. This is the first time they have attacked us and we have been in this routine for more than 2 years.
The dog owner's son came out and tried to stop the attack, with no success. They ignored him like he wasn't even there. He finally got them rounded up and back into their fenced in yard after the attack was over.
I plan on talking to LEO tomorrow about what legal consequenses I might endure if I kill them the next time it happens. Hopefully, shooting an attacking dog is justifiable.