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School Football field, but not a school event

Posted: Tue Aug 16, 2011 3:48 pm
by Teamless
I know what I probably will do, which is defer to the safe side of this topic, but I would like your input to convince me that it is OK to carry (or not).

My nephew will be playing football (7/8 year olds).
It is NOT a school function, but the games will be played on the fields at various schools.

I know "premises" is deemed building, as a Texas CHL holder I can carry on school property, outside of buildings, but not in buildings.
I also know I cannot carry at school events

However this is one of those gray areas.... not a school event, but a sporting event at a school none-the-less.

Opinions or carry or not and why... thanks

Re: School Football field, but not a school event

Posted: Tue Aug 16, 2011 4:02 pm
by 74novaman
Not inside the school, not sponsored by the school...carry away.

What are they going to charge you with if you're arrested there? I can't think of a single law you're breaking.

My .02

Re: School Football field, but not a school event

Posted: Tue Aug 16, 2011 4:39 pm
by denwego
If you were sitting in the stands of a school stadium while watching it on the field, I can see a zealous prosecutor arguing that the stands are enough of a "building" to qualify as premises under the law. If you were standing at the side of a grass field, just out in the middle of an open area and it's not a school-sponsored event, I'd concur that you're not violating any laws I can think of. IANAL!

Re: School Football field, but not a school event

Posted: Tue Aug 16, 2011 5:10 pm
by 74novaman
denwego wrote:If you were sitting in the stands of a school stadium while watching it on the field, I can see a zealous prosecutor arguing that the stands are enough of a "building" to qualify as premises under the law. If you were standing at the side of a grass field, just out in the middle of an open area and it's not a school-sponsored event, I'd concur that you're not violating any laws I can think of. IANAL!
I think they'd be hard pressed to make the case that a set of cheap bleachers constitutes "premises" when a parking garage does not. But, like you, I'm not a lawyer so who knows what they might try to argue.

The great thing about Concealed carry is you'll probably never have to find out what a lawyer would say about it, because they'll never know you were carrying. :tiphat:

Re: School Football field, but not a school event

Posted: Tue Aug 16, 2011 5:37 pm
by SQLGeek
Seems to me you're good to go but please take it easy on the zebras. :cool:

Re: School Football field, but not a school event

Posted: Wed Aug 17, 2011 9:06 pm
by GhostTX
Careful, what I've read crossing a fence constitutes "premises" if said fence is attached to a building on school property.

From 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.

The usual, IANAL.

Re: School Football field, but not a school event

Posted: Thu Aug 18, 2011 11:53 am
by denwego
A fence can be used to exclude members of the public and transform a public place into a place with some expectation of privacy, but it doesn't make it a building. The Penal Code definition of "building" in regards to trespass, etc, is:
§30.01 (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
A field with a fence around it is enclosed, but not a structure. I believe the specific exemptions to §46.035 regarding parking garages and the like were added to specifically exclude them from the definition of a building; i.e., the legislature intended the parking areas of a location to be OK to carry whether they be a patch of grass or a multi-story structure.

IANAL!