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Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 8:27 am
by Diesel42
I lurk here and have found some great info on this board.

This weekend I have the opportunity to attend a high school graduation ceremony at the Dallas Convention Center. Assuming the DCC is still not posted under 30.06, is the event off limits because it's a school function?

Thanks in advance for the free advice.
Nick

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 8:36 am
by Teamless
My guess would be yes, as you are there with the express intent of watching the school function.
IANAL

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 9:15 am
by longtooth
Teamless is correct. No guess. It is a School Sponsored Event. Does not matter where it is held.

Carry a knife or walking cane & limp. In crowd like that a gun probably is not your best 1st reach.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:07 pm
by dicion
Once again, I disagree:

I would carry at such an event.

See the following threads for Charles' Opinion on the subject, and my thoughts on it.

viewtopic.php?f=7&t=25333#p287208" onclick="window.open(this.href);return false;

viewtopic.php?f=7&t=34162" onclick="window.open(this.href);return false;

If the civic center is not owned by the school, you are, In my opinion, good to go.

Keith, IIRC, your argument last time was that the person was a chaperone for the event. At this event, they would not be part of any school sponsored 'staff', so even according to your logic in the last thread (which I still disagreed with), this one should be good to go.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:11 pm
by pbwalker
longtooth wrote:It is a School Sponsored Event. Does not matter where it is held.
Are Zoos and Museums off limits when there is a school sponsored field trip on premises?

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:14 pm
by Teamless
pbwalker wrote:Are Zoos and Museums off limits when there is a school sponsored field trip on premises?
No, UNLESS you are a part of the school sponsored event, ie: chaperone, or just want to be there with your kid.

This is only my opinion of course, as IANAL, however at best, say its legal, but you were the test case for it, is it worth the time and money that it may cost to find the true answer?

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:18 pm
by Keith B
I think the issue here is there is no test case, so we really don't know how a Judge would rule. While I believe Charles's interpretation is accurate, and would be the valid argument to use in a defense trial, I for one don't want to be the one that has to have a lawyer argue this point for me, and then me have to argue the billable hours on it with him/her. ;-)

So, rule of thumb for me is: If I am going somewhere and involved with that school function (chaperon, school band concert as an audience member, school graduation to see a family member walk across the stage, etc.) I will not be carrying. If I am at a zoo or museum and a school group shows up, then I am not part of the group and not actively involved on the grounds where a school function is taking place, and so not in violation.

Yeah, it is VERY gray and Charles is more than likely correct, but I will not chance it and will let someone else be the guinea pig. :thumbs2:

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:25 pm
by dicion
To those who wish to post 'opinions' on this topic.

Until you have actually read Charles' Opinion on the subject, linked above, And the entire thread of discussion on this exact topic last time, where codes were cited, and LEOs like srothstein have chimed in, also linked above, please refrain from posting armchair opinions. :thumbs2:

If you have a valid point or counterpoint, please cite your sources to back it up. We have the opinions of an expert in firearms law and current and former LEOs already in the prior topic.

Basically, the tl;dr version of Charles' Opinion, for those that refuse to read it, is: If the School DOES NOT OWN the property the event is being held on, §46.03(a)(1) Does Not apply. Period.

This isn't to you Keith, as you were quite involved in the discussion last time :thumbs2:
I just don't want to see dozens of people hopping in here going "Well I think..." without having anything to back it up. We had enough of that before.

A question I have, is the civic center owned by a Gov't agency? Is the school paying to use it? Or are they being given it's use for free? This could determine whether or not they have the authority to set policy on such a location.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:28 pm
by Teamless
Well, I guess this forum full of people with opinions should not chime in on topics?
I think that means that anyone other than LEOs', Ex LEO's or Lawyers need only reply.
That puts me out of answering any question on "what do you think topics"

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:32 pm
by pbwalker
dicion wrote: If the School DOES NOT OWN the property the event is being held on, §46.03(a)(1) Does Not apply. Period.
:iagree:

Teamless wrote:My guess would be yes, as you are there with the express intent of watching the school function.
IANAL
Teamless wrote:No, UNLESS you are a part of the school sponsored event, ie: chaperone, or just want to be there with your kid.
Teamless,

Forgive me if I misunderstand, but you said in your first post that it was indeed off limits, yet in your second post you said that it (Zoo or Museum...but could be anything in this context) wasn't off limits unless you are a 'part of the school sponsored event'. Would going to watch your child graduate constitute being a 'part of' a school sponsored event?

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:43 pm
by Teamless
pbwalker wrote:Forgive me if I misunderstand,
Forgiven LOL, as I could have mis-typed or whatever as well :)

The Zoo - if you are there and there happens to be a school event there, that you are not part of, your child is not there, etc, then you are OK to carry.
if you are there due to your child being there, and they are there for a school sponsored event, then, you are part of it, at least in my Non-Lawyer opinion - you should not carry.

For the Graduation question, if you go to see it, then yes, you are "part of it", even though you are not a graduate.

Again, I am not a lawyer, I do not pretend to be a lawyer, but I also do not want to be a test case.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:48 pm
by Purplehood
dicion wrote:Once again, I disagree:

I would carry at such an event.

See the following threads for Charles' Opinion on the subject, and my thoughts on it.

viewtopic.php?f=7&t=25333#p287208" onclick="window.open(this.href);return false;

viewtopic.php?f=7&t=34162" onclick="window.open(this.href);return false;

If the civic center is not owned by the school, you are, In my opinion, good to go.

Keith, IIRC, your argument last time was that the person was a chaperone for the event. At this event, they would not be part of any school sponsored 'staff', so even according to your logic in the last thread (which I still disagreed with), this one should be good to go.
I disagree. If the civic center is holding multiple events I might agree. But if it is being used exclusively as a school-sponsored event, than I believe that it falls into the prohibited category of the law.
The Zoo would be a school event if it was limiting entrance to folks from the school(s) only. If the general public is involved, it is not a school event.
That is my opinion for what it is worth.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 3:53 pm
by dicion
Teamless wrote:Well, I guess this forum full of people with opinions should not chime in on topics?
I think that means that anyone other than LEOs', Ex LEO's or Lawyers need only reply.
That puts me out of answering any question on "what do you think topics"
I did not mean it like that.

We have already run this exact conversation full circle multiple times. I have posted links to the past summation, with arguments on both sides.

I would prefer everyone to read those, and more then likely, their view has already been discussed. If, after reading, someone still wants to post something, that is fine.

I just don't want people filling this thread with "It's obviously off limits, duh" sort of posts, when it's not that simple, and we have already researched and debated the law at depth.

And yes, forgive me if I hold the opinions of LEOs and Lawyers (Specifically Charles') higher than an average Joe on matters of Law.
I'm assuming, then, that every time you have a medical problem/question/situation, you hold everyone's opinion on it at the same level as a doctor's.

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 5:55 pm
by Oldgringo
Here is an answer from the heart:

"If you have to ask whether it's legal to DO WHATEVER or not, the answer is "NO"...that is, unless YOU want to be the test case".

This is not an armchair opinion, this is what my beloved Momma (R.I.P) taught me long before many of you were even a gleam in a s**** donor's eye and it is still true today. :tiphat:

Re: Are HS graduations at civic centers off limits?

Posted: Wed Jun 02, 2010 6:43 pm
by USA1
So is it yes or no ? :lol:

I'm attending My son's graduation this Saturday at Reed Arena
in College Station and have planned to just leave it in the car.

After reading all this, I'm still just going to leave it in the car. ;-)
longtooth wrote: Carry a knife or walking cane & limp.
Maybe I'll follow LT's advice. :thumbs2: