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What defines "grounds" (with scenarios)

Posted: Sat May 11, 2013 6:20 pm
by rfs2005
I have a question regarding what is considered to be "grounds ... on which an activity sponsored by a school or educational institution is being conducted". What exactly is "grounds"? Does that term include anything beyond the property line, or would the same exclusions from the definition of "premises" also apply to this term?

My scenario is: Would a CHL holder be in violation if he/she carried to a school-sponsored football game, but did not enter the actual stadium, but did carry while in their car and in the parking lot (on school property)?

Another scenario: Would a CHL holder be in violation if he/she carried to a school-sponsored football practice, and watched the practice from a private walkway on the school property? To clarify: the practice is taking place on a practice field, and not inside a football stadium. There are several practice fields grouped together, with walkways on all sides in between each field.

Last scenario: Would a CHL holder be in violation if he/she carried to a NON school-sponsored soccer game (private youth league) held on a college campus, and observed the game from a private walkway? To clarify: the soccer fields are laid out in a similar manner to the football practice fields I mentioned in my previous scenario.

PC §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 weaponlisted 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

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
.
.
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;

"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.

Re: What defines "grounds" (with scenarios)

Posted: Sat May 11, 2013 10:04 pm
by howdy
It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 10:59 am
by Rusty Wrenches
What about a school playground? I like to take the kids to the playground down the street after hours. Its not a bad area, just a bunch of loose dogs around

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 11:49 am
by jmra
howdy wrote:It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."
The ADA that you spoke to is an idiot. The law regarding church carry is very clear - you are good to go unless it is posted with a 30.06 compliant sign, you have received verbal notice from someone with authority to speak for the organization, or you were given a card with proper 30.06 wording.
If the ADA doesn't get that he needs to find another line of work.

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 1:03 pm
by C-dub
Rusty Wrenches wrote:What about a school playground? I like to take the kids to the playground down the street after hours. Its not a bad area, just a bunch of loose dogs around
Playgrounds are mostly okay and especially after schools hours for a non-school activity.

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 4:28 pm
by WildBill
jmra wrote:
howdy wrote:It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."
The ADA that you spoke to is an idiot. The law regarding church carry is very clear - you are good to go unless it is posted with a 30.06 compliant sign, you have received verbal notice from someone with authority to speak for the organization, or you were given a card with proper 30.06 wording.
If the ADA doesn't get that he needs to find another line of work.
The ADA is probably not an idiot. He probably just needs some more education in the law.

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 4:34 pm
by jmra
WildBill wrote:
jmra wrote:
howdy wrote:It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."
The ADA that you spoke to is an idiot. The law regarding church carry is very clear - you are good to go unless it is posted with a 30.06 compliant sign, you have received verbal notice from someone with authority to speak for the organization, or you were given a card with proper 30.06 wording.
If the ADA doesn't get that he needs to find another line of work.
The ADA is probably not an idiot. He probably just needs some more education in the law.
He gave him the section of the code. All he has to do is read.

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 4:53 pm
by WildBill
jmra wrote:
WildBill wrote:
jmra wrote:
howdy wrote:It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."
The ADA that you spoke to is an idiot. The law regarding church carry is very clear - you are good to go unless it is posted with a 30.06 compliant sign, you have received verbal notice from someone with authority to speak for the organization, or you were given a card with proper 30.06 wording.
If the ADA doesn't get that he needs to find another line of work.
The ADA is probably not an idiot. He probably just needs some more education in the law.
He gave him the section of the code. All he has to do is read.
Then, maybe he is an idiot. :mrgreen:

Re: What defines "grounds" (with scenarios)

Posted: Mon May 27, 2013 6:20 pm
by Keith B
WildBill wrote:
jmra wrote: He gave him the section of the code. All he has to do is read.
Then, maybe he is an idiot. :mrgreen:
He may not be an idiot, but must be illiterate. :lol:

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 2:07 am
by Trele6
jmra wrote:
howdy wrote:It is easy for me to say it is legal to carry in your scenarios. Please keep in mind that what is legal and what the campus Police perceive as legal might not always be the same. I would hope your CHL Instructor explained to you that there are many gray areas and misunderstandings in CHL law. I was recently told by an Assistant DA in Houston that Church carry is always illegal. Even after telling him the law and the section of the code, he still insisted it was not legal. ( he had no legal basis for this, just his gut feeling) You quoted the law and you can read it as well as any Instructor. Sometimes the best answer is "use your best judgement."
The ADA that you spoke to is an idiot. The law regarding church carry is very clear - you are good to go unless it is posted with a 30.06 compliant sign, you have received verbal notice from someone with authority to speak for the organization, or you were given a card with proper 30.06 wording.
If the ADA doesn't get that he needs to find another line of work.
Sounds like a good place to stay away from with an ADA like that. Wonder how many people are wrongly prosecuted in their area?

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 5:27 pm
by sjfcontrol
I always thought that "grounds" were what was left after the coffee was made. :smilelol5:

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 5:55 pm
by Keith B
sjfcontrol wrote:I always thought that "grounds" were what was left after the coffee was made. :smilelol5:
Or what you needed for one of them dee-vorces.

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 6:53 pm
by Zoo
Keith B wrote:
sjfcontrol wrote:I always thought that "grounds" were what was left after the coffee was made. :smilelol5:
Or what you needed for one of them dee-vorces.
Like grounds IN the coffee.

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 7:21 pm
by sjfcontrol
Keith B wrote:
sjfcontrol wrote:I always thought that "grounds" were what was left after the coffee was made. :smilelol5:
Or what you needed for one of them dee-vorces.
Wouldn't know, I'm still on my first wife (anniversary #32 coming up next month!)

Re: What defines "grounds" (with scenarios)

Posted: Tue May 28, 2013 11:28 pm
by Dadtodabone
sjfcontrol wrote:
Keith B wrote:
sjfcontrol wrote:I always thought that "grounds" were what was left after the coffee was made. :smilelol5:
Or what you needed for one of them dee-vorces.
Wouldn't know, I'm still on my first wife (anniversary #32 coming up next month!)
Congratulations! I have also been blessed with "a keeper" 36 years in August.