Pro sporting event carry

[solitaryshell]

My daughter has volleyball practice (a pay group, not school sponsored in any way) at a facility that also has a large hockey rink in the same building. At this place every so often they have a minor league hockey team play at the same time as our practice, but if you mention it to the staff for parking that you are NOT there for the hockey game, you are there for volleyball, then they let you pass without paying. The doors do NOT have any kind of .30-06 signage anywhere, and this facility is privately owned, not part of any school property. When a game is not going on, I've carried with no concern as there is no pro sporting event going on, but when they have a hockey game going on at the same time, does that make the entire building off limits? The rink is separate, the only area where I'm in proximity of their crowd is in the hallways out, and the bathrooms, so I've took it as though I'm not at a "pro sporting event" because I don't go where they are, ie, I'm not sitting in the crowd. What do you guys think?

[Beiruty]

Grey area. Better be on the right side of the law.

[Kythas]

I would say if you didn't purchase a ticket to the hockey game, and are not sitting in the area where the hockey game is being played, then you are not attending a professional sporting event.

However, I am not a lawyer, I do not play one on TV, and I did not stay at a Holiday Inn Express last night.

[MasterOfNone]

You could try to apply the "portion of a building" part of the definition of "premises," but I think you'd have to concede that the hallways, restrooms, and other areas used by attendees of the hockey game are part of that portion. And you indicated that you use those same areas, so I would not want to carry there.

[hirundo82]

Agreed that it's a gray area. You're probably OK under the "or portion of a building" part of the definition of premises in §46.035 but I wouldn't risk it personally.

[srothstein]

It is a very gray area. The law says you cannot go into the premises where the event is taking place. It defines premises as a building or portion of a building. But, it never says which is meant or who decides if it is the whole building or just the portion.

I think the intent of the law was to only bar the actual part used for the event so that you could carry in your area, just for cases like this. But I cannot say for sure that this is even true. It is just how I read that clause allowing it, to provide for the smaller part if there is a multi-use building.

But, to confuse you even further, I would recommend not carrying while there is a practice going on. Note that the law says "event" and not competition, game, or anything like that. I can see a strong argument that practice is a sporting event. It would depend on the owner, the police, the DA, and the judge and jury of course, but you should be aware of this possibility. The definition of event is just as gray as the definition of professional or sporting.

These are some of the reasons I really like the idea of making all of the places that are listed in that section to post like churches and amusement parks are now required to.

[MasterOfNone]

I think the intent of the law was to only bar the actual part used for the event so that you could carry in your area, just for cases like this. But I cannot say for sure that this is even true. It is just how I read that clause allowing it, to provide for the smaller part if there is a multi-use building.

This is how I interpret it as well, because otherwise there is absolutely no meaning to including "or portion of a building" in the law.

[stash]

Don't mean to hijack, but someday it sure would be nice to see these gray areas turned to black and white.

[Jasonw560]

Don't mean to hijack, but someday it sure would be nice to see these gray areas turned to black and white.

Wish someone would have cleared that up this session. And made it legal for CHL'ers to carry on K-12 campuses. Oh, well, there's always 2013, after people see that concealed carry on college campuses isn't turning them into wild west shows.

[hirundo82]

Don't mean to hijack, but someday it sure would be nice to see these gray areas turned to black and white.

Best way to do that would be to do away with the off limits areas altogether.