Author Topic: Carry questions  (Read 9073 times)

Staidan

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Carry questions
« on: August 20, 2014, 11:01:16 AM »
Can I carry to after school or extra-curricular activities?  For example... If I go to pick my son up from football practice, which takes place on school property (athletic field but not in an athletic stadium), I may wait for him in parking lot.  Am I able to go onto the field, located right next to parking lot?  

What are the parameters for carrying in a backpack or briefcase?  E.g. if briefcase is in office, but not 'on me'?

Thanks
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

chevyss2008

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Re: Carry questions
« Reply #1 on: August 20, 2014, 01:30:50 PM »
This should have been explained in your chl class...school property is school property...whether it is extra curricular or not. And if you are carrying your handgun in a briefcase/backpack makes no difference....you are carrying the briefcase, so the weapon is in your possesion, so you are carring a concealed weapon.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Staidan

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Re: Carry questions
« Reply #2 on: August 21, 2014, 03:02:54 PM »
Yes, it was covered in CHL class.  LOL.  Maybe I should be more specific in my questions...

According to CHL class "premises" of education institutions is considered inside the building, NOT sidewalks, outside, parking lots, etc.  In addition, CHL guns are prohibited at athletic games (school, HS and above, but not local youth leagues, right?).  So, if a Jr High football practice is outside on a field that is not part of the athletic stadium, AND they are not in an actual game, can I carry on the field?

According to CHL class "in your possession" pertains to carrying bags, purses, backpacks, briefcases... anything on your person assuming the gun is concealed.  When does "in your possession" cease to be "in your possession"?  I.e. if I leave my backpack/briefcase in my office and go for lunch, is that legal?  If I go to the soccer field with a gun in my bag and play on the field with bag on sidelines, is that legal?  If I go to the gym to work out and leave gun in my locker in a bag, is that legal?  And while we're at it... If I take my gun off (or put on) in a gym locker room while changing, and someone notices, is that considered "brandishing"?

Not sure these nuanced questions were covered in CHL class.  They may have been.  It's been a long time, and I've slept since then.  :)

Thanks!!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: Carry questions
« Reply #3 on: August 21, 2014, 04:25:16 PM »
Not sure about some of your scenarios but leaving a unattended weapon on a sideline or in a briefcase while being "out of control" of it seems somewhat irresponsible to me. Now having said that, I understand briefcases can be locked but i"m not leaving my carry weapon where someone can just pick it up and walk away with it.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: Carry questions
« Reply #4 on: August 22, 2014, 06:28:24 AM »
school includes 'premises' (building) AND ''organized school activities".  Parking lot would be OK, NOT on the field during soccer practice.

The law prohibit 'intentional display' so accidentally displaying while you holster or store would not be brandishing.  (I'm assuming you are NOT arguing w/said observer while storing your gun. :) )

Is that school soccer or YMCA soccer?  Are you playing w/your kids on a weekend or is it school soccer practice and you are helping coach?

AFAIK, there is no law against leaving your gun in a briefcase or backpack, but, if it's stolen, you could be in for some hard questioning/criticism.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Staidan

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Re: Carry questions
« Reply #5 on: August 22, 2014, 09:27:34 AM »
Ok, that's helpful.  Thanks, guys!!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Carry questions
« Reply #6 on: August 23, 2014, 10:33:11 AM »
Staidan,

If it is a school activity (an activity sponsored by the school), you may not carry. So, if it is a junior high school football practice, or a high school game, you may not carry. However, if your son and his friends are playing a game of football in the school’s field, or it is a league created by someone who is not an educational institution, then you should be fine. Based on your clarification (a junior high school football practice), since a junior high school is an educational institution and this is a school sponsored activity, you may not carry there.

There was a statement that you cannot carry on “school property,” but that is not the entirety of the story. You may not carry on school premises (which is statutorily defined as a building or portion of a building), at any school activities, and any kind of scholastic sporting event.

When it comes to how you carry, carrying in your waistband or in your briefcase is equally fine, provided that you are in a place where you are legally allowed to carry of course. When it comes to leaving your gun places, the law only requires that you do not allow a child to gain access to a readily dischargeable firearm, and with criminal negligence you failed to secure the firearm (or you left it in a place you knew or should have known a child would gain access). Otherwise, leaving the gun in your briefcase in your office is perfectly legal.

You bring up holstering your gun, and if someone sees it; the law requires that you do not intentionally display your handgun in plain view of another person in a public place. This is an ambiguous gray area in the law (as there is no definition of what display means in this context), so whenever you holster make sure it is in private. It could be up to a jury to decide if holstering in front of someone is considered a “display” or not, which is a situation most would wish to avoid.

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

mayfieldh

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Re: Carry questions
« Reply #7 on: August 25, 2014, 08:49:28 AM »
Quote from: "TexasLawShield"
Staidan,

You bring up holstering your gun, and if someone sees it; the law requires that you do not intentionally display your handgun in plain view of another person in a public place. This is an ambiguous gray area in the law (as there is no definition of what display means in this context), so whenever you holster make sure it is in private. It could be up to a jury to decide if holstering in front of someone is considered a “display” or not, which is a situation most would wish to avoid.

Thank you for your question

Since you mentioned holstering, I have a question about that when you are at the Gun Range.

Sometimes I notice when at the gun range some folks show up at the range and they just pull out their guns from their waist band and prepare for shooting.  As you mentioned above in your quote, I thought even at a gun range you are NOT suppose to let everyone know you have a conceal hand gun in your possession.  I have seen this both at indoor and outdoor shooting ranges.  When I go to the range, I normally put my gun in the case and bring it that way and also put it back in the case when I'm done.  Is it an exception that you can display your weapon at the range or is it that these folks don't know any better and think they can display there weapon from un-holstering.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Carry questions
« Reply #8 on: August 25, 2014, 03:12:01 PM »
mayfieldh,

While some ranges require their customers to have their firearms in a container or the like, Texas Penal Code section 46.15(b)(3) is an exception to the unlawful carry statute (46.02), which states that 46.02 does not apply if you are engaging in a sporting activity on the immediate premises where the activity is conducted, if the weapon is a type commonly used in the activity. Since you therefore are not carrying pursuant to the CHL exception, it does not matter whether you draw from concealment or from a case. In fact, in the eyes of the law, carrying in a case is carrying concealed. Keep in mind that the range can dictate how it wishes individuals to approach or carry, but absent these rules, either method is fine under Texas law.

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

mayfieldh

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Re: Carry questions
« Reply #9 on: August 26, 2014, 10:14:09 AM »
Thanks for the clarification....
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

JAP

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Re: Carry questions
« Reply #10 on: September 03, 2014, 11:15:27 AM »
TexasLawShield states:

"There was a statement that you cannot carry on “school property,” but that is not the entirety of the story. You may not carry on school premises (which is statutorily defined as a building or portion of a building), at any school activities, and any kind of scholastic sporting event."

Every morning I drop my children off at school from the parking lot. This is in Texas and I have a CHL. I never exit the vehicle, not even to stand on the sidewalk. The parking lot is not in any way covered by any kind of structure. I gather from the statement above that it is legal for me to conceal carry in the parking lot in this manner. Is that correct? So long as I don't enter a building or other structure (such as a football stadium or a tennis court) I am covered by my CHL?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: Carry questions
« Reply #11 on: September 04, 2014, 08:13:48 PM »
I am not a lawyer, but I believe the short answer to your question is "yes". I realize you would like to hear that from a lawyer, but in looking through many of the other posts, I believe that is indicated several times.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

yabu

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Re: Carry questions
« Reply #12 on: September 05, 2014, 09:38:22 AM »
Reading the list of places I can't carry (contained in the booklet "When Can I Legally Shoot") I noted that a Post Office is listed.  I understand that a Post Office is a governmental facility and weapons are prohibited.  My question is:  does this include the drive by mail box located on the edge of the parking lot of many Post Offices?  In other words, am I prohibited from driving by and mailing a letter in the mail box if I am carrying?  Thanks.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »