Conceal Carry in School Parking lot

[Ryansdaddy]

I couldn't find a topic that spoke specifically on this. Just school employees so I want to see what everyone thinks. My instructor taught us that we can carry on a school parking lot but we cannot carry inside the school. The only way we cannot carry concealed on the lot is if there is a school event going on in said parking lot.
I volunteer at my school in the mornings and work the parking lot. We occasionally get stray homeless people that may or may not be drunk and disorderly so there are a couple of us parents that work the lot in the morning to ensure none of the kids and families are accosted while trying to get their kids into school. (It's a Church school- the church has a food pantry if that helps explain the issue)
As of now I just keep the gun locked in the car in the spot closest to me if I was to ever need it which I presume/hope I never ever will but I have been reluctant to actually conceal carry now that I have my license. The law seems so vague so if there is an instructor or someone really versed in this area I would love to get your feedback.

New to the forum by the way.

[Beiruty]

Welcome aboard.
In short, as your instructed taught. CHLer can carry in the parking lots of a school. Just do not go in any school buildings. For any reason, if you have to go into school building, disarm and leave your sidearm secured in your car.

[A-R]

IMHO (IANAL), you cannot carry while performing the volunteer function you describe on behalf of the school. Your location on or off school property (parking lot) doesn't even matter in this context.

Penal Code 46.03 says weapons are prohibited on:

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;

Assuming you have either the explicit or tacit approval of the school to perform this volunteer work, what you're doing is an "activity sponsored by a school". This is similar to if you are chaperoning a group of school kids on a field trip, which makes everywhere you go on that entire field trip off limits to you for all firearm possession.

Your only way around this prohibition would be to obtain the explicit written approval to carry as described at end of quoted section of statute above.

[Ryansdaddy]

IMHO (IANAL), you cannot carry while performing the volunteer function you describe on behalf of the school. Your location on or off school property (parking lot) doesn't even matter in this context.

Penal Code 46.03 says weapons are prohibited on:

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;

Assuming you have either the explicit or tacit approval of the school to perform this volunteer work, what you're doing is an "activity sponsored by a school". This is similar to if you are chaperoning a group of school kids on a field trip, which makes everywhere you go on that entire field trip off limits to you for all firearm possession.

Your only way around this prohibition would be to obtain the explicit written approval to carry as described at end of quoted section of statute above.

That makes sense. I will continue to keep it locked in the car close by then. Thanks for the clarification A-R. Any day I am not volunteering then I can carry as long as I don't go into the school.

[Abraham]

"any grounds or building on which 'an activity' sponsored by a school or educational institution is being conducted"

Hhhmmmmm, I think I see some contradictory information here.

If there's no 'activity' as defined above going on the parking lot, that is, the parking lot is empty of anything except parked vehicles, isn't it legal to THEN carry?

I'd fully appreciate somebody with greater knowledge than mine clarifying this.

At times, I cycle through a high school's parking lot carrying, but I make certain before I do that no school activity is being held in the parking lot.

I thought my approach legal...?

Is it not?

[A-R]

Again, can't stress enough IANAL, but general consensus is if you are in any way participating in the school-sponsored activity then you cannot carry. Period. If you just happen to be at the same location as the school-sponsored activity but are not participating (ex: you happen to be eating at same restaurant where a school field trip is eating) then you should be fine, but this is a very blind grey area with no definitive legal precedent of which I'm aware. Similarly having gun & CHL* in your car in school parking lot to drop off your kid while other parents are volunteering in the same parking lot should be OK.

*-note: without a CHL, having any weapon within 1,000 feet of any school grounds is violation of Federal Gun-Free School Zone law.

[Abraham]

A-R,

I guess you weren't responding to my question as it's not specifically addressed. If so, no problem.

I still need clarification on below:

No school activity going on in school parking lot, i.e., empty parking lot (except for empty vehicles) and me cycling on and through said parking lot carrying with a CHL being legal...

[Keith B]

A-R,

I guess you weren't responding to my question as it's not specifically addressed. If so, no problem.

I still need clarification on below:

No school activity going on in school parking lot, i.e., empty parking lot (except for empty vehicles) and me cycling on and through said parking lot carrying with a CHL being legal...

The issue may not be as much a school function as it is he is participating in a volunteer program as 'security' and you cannot carry in an official capacity during that as a CHL performing a security function.

Now, one other question for the OP, you stated it was a church school. I am assuming you are talking a truly accredited K-5 or higher parochial school? Not a daycare or non-accredited 'school? If accredited, then yes, it's a school. If not an accredited private school then 'school' really doesn't apply.

[howdy]

As an example...My Church is across the street from a high school. I park in the school parking lot and walk to the Church. This is a Sunday Morning and no school activity. I am careful to walk only on the pavement and sidewalks/street. I would have no problem parking my car in the school lot during the week and leave my gun in the car. I don't want to be the test case for what constitutes a school activity. Back to the OP's question. I think we might have another problem with carrying in this situation. Are you acting as a "security guard" in this situation. There were many discussions on this forum about CHLer's carry a gun and acting in certain capacities at Church. IANAL and I will let others chime in here. Your Instructor was correct in his/her explaination of the law. There are many "what if" questions that just can't be covered during the class and this is a great forum to pose those questions. You get what you pay for here, and you will not get legal advise, but you will get a consensus of opinions that might lead you in the right direction. There is little case law concerning CHL in Texas and I for one don't want to be the test case. We get a license to be legal and we want to stay that way.
edit
Keith beat me to it on the Security issue.

[A-R]

A-R,

I guess you weren't responding to my question as it's not specifically addressed. If so, no problem.

I still need clarification on below:

No school activity going on in school parking lot, i.e., empty parking lot (except for empty vehicles) and me cycling on and through said parking lot carrying with a CHL being legal...

In scenario in your last paragraph (bicycling through parking lot with concealed handgun & a Texas CHL), I can think of no legal prohibition.

[A-R]

Keith B., good call on the potential security aspect of OP's scenario. Since the school activity issue jumped out, I hadn't even considered that.

Now do the sentences for illegal school carry, Fed GFSZ violations, AND armed security code violations run concurrently or consecutively?



edited to add: also thinking of this in terms of severity - violation of 46.03 unlawful possession on school property is a felony. I believe violating the security regs is at most a Class A misdemeanor

[jbarn]

I do not believe a person walking through a parking lot of a school is any more carrying a a school sponsored event than is a parent walking his kid to the building. Even being in a car with a handgun in the parking lot.

I agree with Keith regarding the security issue.