Prohibited Places

[BrassMonkey]

Hiya,
I am asking about letter of the law here.

It is my understanding that it is perfectly legal to carry under the authority of our licenses in the parking lot of an elementary school, when an event is being held by a municipality(city government) in the parking lot of the school and not the school itself. Whether school in session, or out of session.

Am I correct? If not, why?


Thanks





§ 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;



46.035(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.

[seamusTX]

You are correct, unless the event is a government meeting and posted.

- Jim

[BrassMonkey]

Specifically, city sponsored public event, not posted :-) Can a public school post 30.06 in a parking lot?

You are correct, unless the event is a government meeting and posted.

- Jim

[seamusTX]

Can a public school post 30.06 in a parking lot?

They can, in the sense that it's physically possible, and do; but it's not legally binding.

- Jim

[BrassMonkey]

Thanks very much...

[L8RG8R]

Of course unless there is a school function with students in said parking lot, ie Band Practice, etc.

[player_twister]

My daughter's school has the X over the gun sign, before entering the parking lot. Personally, I wouldn't take the chance.

[txinvestigator]

My daughter's school has the X over the gun sign, before entering the parking lot. Personally, I wouldn't take the chance.

What chance is that?

[Crossfire]

BrassMonkey - if you are in Plano area, you will see that Plano schools (at least some of them) are 30.06 posted at the parking lot.

I don't know whether that is enforceable or not, but it wouldn't stop me from using deadly force if it were warranted to protect myself or a child.

Your mileage may vary.

[Humanphibian]

I seem to recall covering this subject in my last renewal class. If I remember correctly, our instructor mentioned that municipal buildings (isd's included) could not prohibit (legal) firearm possession in the parking lots. This allows persons legally carrying the ability to secure their weapon in the vehicle if the building itself is 30.06

[txinvestigator]

I seem to recall covering this subject in my last renewal class. If I remember correctly, our instructor mentioned that municipal buildings (isd's included) could not prohibit (legal) firearm possession in the parking lots. This allows persons legally carrying the ability to secure their weapon in the vehicle if the building itself is 30.06

30.06 is not needed to prohibit you from carrying in a school. The question here is parking lots. Parking lots are not prohibited under TPC 46.03 for schools. The question is can parking lots of schools post ENFORCEABLE 30.06 signs.

IMO, government schools cannot, but private schools can.

[Charles L. Cotton]

I seem to recall covering this subject in my last renewal class. If I remember correctly, our instructor mentioned that municipal buildings (isd's included) could not prohibit (legal) firearm possession in the parking lots. This allows persons legally carrying the ability to secure their weapon in the vehicle if the building itself is 30.06

IMO, government schools cannot, but private schools can.

[seamusTX]

If, for some reason, you are found to be carrying in a location posted with a 30.06 sign, is it necessary for someone in charge of the place to file a complaint of criminal trespass, or can the police arrest just because you are there?

I seem to have forgotten if this question was asked before.

- Jim

[txinvestigator]

If, for some reason, you are found to be carrying in a location posted with a 30.06 sign, is it necessary for someone in charge of the place to file a complaint of criminal trespass, or can the police arrest just because you are there?

I seem to have forgotten if this question was asked before.

- Jim

To be arrested for trespass one either has to be given effective notice that entry was forbidden, or fail to leave when asked.

A 30.06 sign IS effective notice, so a LEO can arrest a person immediately.

[seamusTX]

Thanks.

- Jim