Carring during a school field trip?

jazr45acp · Post by **jazr45acp** » Tue Sep 11, 2007 10:18 pm

If I was a volunteer, during a field trip with my kids class to say the zoo or somewhere else that isn't 30.06 would I be in violation of the law? Thanks for your responses in advance.

Post by **Crossfire** » Tue Sep 11, 2007 10:28 pm

PC Â§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;

jazr45acp · Post by **jazr45acp** » Wed Sep 12, 2007 9:26 am

Thank you very much. That's what I needed to know. Hope you have a wonderful day.

dpatterson · Post by **dpatterson** » Wed Sep 12, 2007 4:44 pm

So what about the other people that are at the zoo but not with the school? Are they not allowed to carry now?

DP

seamusTX · Post by **seamusTX** » Wed Sep 12, 2007 4:59 pm

dpatterson wrote:So what about the other people that are at the zoo but not with the school? Are they not allowed to carry now?

No one seems to know if that scenario has been tested in court.

- Jim

propellerhead · Post by **propellerhead** » Wed Sep 12, 2007 5:06 pm

dpatterson wrote:So what about the other people that are at the zoo but not with the school? Are they not allowed to carry now?

DP

The "intentionally or knowingly" part kicks in.

dpatterson · Post by **dpatterson** » Wed Sep 12, 2007 7:28 pm

I know this is one of the gray areas but do you secure your weapon once you realize you are in the presence of a School Sponsored event?

I think that they should do away with this and let us carry anywhere... But, I believe that this should apply only where the Educational Instution has full control of the environment. So, Public places like the Library, Zoo, etc would not fall under the 46.03 reading.

But then what would the law makers do all day if they made all laws make sense the first time around?

DP

texaseyes · Post by **texaseyes** » Thu Sep 13, 2007 11:40 pm

Well, we have been blessed in our particular situation. My wife teaches and, being a very small shool, drives a bus. She has her license but that does no good in her situation.
We have an emergency plan in place. I can get to the school in about 3 minutes if need be.
We both have cell phones and the plan is that if something happens, she calls me and I get there from the back way. We meet at a predetermined point and, of course, have the weapons in my truck.
We're still working on the bus thing.
Probably not perfect but a PLAN at least.
This stuff is so simple, why can't our educators and legislatures get a grip on this vulnerable hole in our security system?
Hello people, these are our kids we're talkin about here!

Post by **Keith B** » Fri Sep 14, 2007 7:53 am

I imagine this has been asked before, but I need clarification. I know you can carry on school grounds (not in the building), but when does the restriction kick in?

Let's say you are dropping your kid off or picking them up at school, before or after school hours and need to get out and help them with their backpack, instrument, etc. to get it out of the trunk? Also, is it actually legal to be on the grounds when school is in session inside the building, but no other 'sponsored' activity is taking place outside?

seamusTX · Post by **seamusTX** » Fri Sep 14, 2007 8:01 am

Keith B wrote:Let's say you are dropping your kid off or picking them up at school, before or after school hours and need to get out and help them with their backpack, instrument, etc. to get it out of the trunk? Also, is it actually legal to be on the grounds when school is in session inside the building, but no other 'sponsored' activity is taking place outside?

All of the above are legal.

- Jim

Post by **Keith B** » Fri Sep 14, 2007 8:06 am

Thanks for the quick reply Jim!

I thought they were, but wanted to run it past the seasoned holders to make sure.

Have a great weekend!

texaseyes · Post by **texaseyes** » Fri Sep 14, 2007 8:35 am

llwatson wrote:PC Â§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;

I believe Linda has pointed this out by the above.
Unless they have "new reading comprehension" along with their "new math" I read this as being fairly clear that you can NOT take a weapon on school premises, ie: yards, parking, etc. without breaching this law.
I have also found it helpful to call whatever police agency that has jurisdiction over an area or situation in question and get a quote from them. After all, they are the ones who will be filing charges.

Someone jump in and correct me, OK? My wife and daughter say I need all of that I can get!

seamusTX · Post by **seamusTX** » Fri Sep 14, 2007 9:04 am

Reasonable people agree that "an activity sponsored by a school or educational institution is being conducted" means sports and similar organized activities. We can speculate all we want about field trips in public places, but when did a CHL holder get charged for carrying in the vicinity of one of these activities?

- Jim

Post by **Charles L. Cotton** » Fri Sep 14, 2007 9:14 am

seamusTX wrote:Reasonable people agree that "an activity sponsored by a school or educational institution is being conducted" means sports and similar organized activities. We can speculate all we want about field trips in public places, but when did a CHL holder get charged for carrying in the vicinity of one of these activities?

- Jim

I agree and I too think this should be clarified in 2009. You have to read the TPC Section in context and when this is done, it's obvious legislative intent was to prohibit carrying in buildings all the time, and on real estate owned by the school when school sponsored activities are ongoing.

This is why it is absurd and intellectually dishonest for a city owned library to post the building with a 30.06 sign and argue that students periodically use the facilities on "library days." While such examples are irritating, they make great arguments in favor of our legislation.

Chas.

seamusTX · Post by **seamusTX** » Fri Sep 14, 2007 9:27 am

I have been thinking about this.

Imagine that you're sitting with your concealed handgun on a bench outside the Houston Museum of Natural Science in Hermann Park in Houston, perfectly legal.

Then a school group arrives and assembles near you. Are you suddenly violating the law?

The principles of law that we work under can't allow other people to turn your legal act into an illegal act with no action on your part.

- Jim