Author Topic: Activity sponsored by a school  (Read 1278 times)

jayc67

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Activity sponsored by a school
« on: September 20, 2015, 02:41:17 PM »
PC46.03 says, in part:  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;

OK, school owned property is pretty clear for CHL holders and "premise" is very clear, no problem.

But, this "activity sponsored by a school" is my question.  I'm at the mall in the food court and 2 high school marching bands enter at the other end of the mall as part of a field trip.  Am I now in violation and if so, how would I even know?

Same for the Zoo that's been in the press lately. I am carrying lawfully in the zoo and a school field trip enters while I'm there. Am I now in violation?

How do you sort of reconcile practical reality with the black letter of the law in this kind of case?

Thank you.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Activity sponsored by a school
« Reply #1 on: October 01, 2015, 10:07:53 AM »
jayc67,

While there is no case law that explicitly discusses this issue, subsection (a) states that a person must intentionally, knowingly, or recklessly possess their firearm at the activity. Essentially, this means that you must actively go, or have actively gone to the event with your concealed firearm on purpose or knowing that you were going to an activity sponsored by the school or educational institution.

An example would probably help clear things up. Suppose you are at the mall during the Christmas season, taking a break in the food court when a group of Christmas carolers from the local private school begins singing Joy to the World. Did you intend to bring your concealed handgun to where the kids were singing? Not at all! In fact, you were already in a legal place and the group came into your general area after you had arrived. It is highly doubtful a prosecutor would be willing to bring charges against you in this case.

On the other hand, letís say you bring your concealed handgun with you to watch your child in the annual school musical being held downtown in a private building. Even though the building is not school property, because you actively sought to carry your concealed handgun at a school-sponsored activity, you could be criminally liable.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »