School Playground Carry

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imkopaka
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School Playground Carry

#1

Post by imkopaka »

There is an elementary school with a really nice playground within walking distance of my house. I would really like to take my kids to play there, but the neighborhood surrounding it is not so nice - there is no way I'd be caught without a weapon out there. So up until now, based on the assumption that anything having to do with a school is an absolute no-go, we simply haven't gone. But now I'm reading things that are challenging my understanding of the laws surrounding this. I would still never dream of OC'ing on a school playground, but am I correct in my understanding that I could CC there? It is fenced but not gated, it does not say that it is only for students, and it is not inside a building or even under a covering, but it is right up against a building so there is no question it is school property. :confused5
Never bring a knife to a gun fight.
Carry gun: Springfield XD Tactical .45
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ScottDLS
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Re: School Playground Carry

#2

Post by ScottDLS »

imkopaka wrote:There is an elementary school with a really nice playground within walking distance of my house. I would really like to take my kids to play there, but the neighborhood surrounding it is not so nice - there is no way I'd be caught without a weapon out there. So up until now, based on the assumption that anything having to do with a school is an absolute no-go, we simply haven't gone. But now I'm reading things that are challenging my understanding of the laws surrounding this. I would still never dream of OC'ing on a school playground, but am I correct in my understanding that I could CC there? It is fenced but not gated, it does not say that it is only for students, and it is not inside a building or even under a covering, but it is right up against a building so there is no question it is school property. :confused5
You should be able to carry there when students are not there for a school sponsored activity (i.e. recess). A playground is not the "premises" of a school under 46.035. While theoretically you could open carry there I would probably pass on that.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

mr1337
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Re: School Playground Carry

#3

Post by mr1337 »

It's true that OC and CC are not prohibited on the grounds of a school when there is no school-sponsored activity occurring.

OC would be more trouble than it's worth.

Just conceal it and you're fine.
Keep calm and carry.

Licensing (n.) - When government takes away your right to do something and sells it back to you.
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goose
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Re: School Playground Carry

#4

Post by goose »

ScottDLS wrote: You should be able to carry there when students are not there for a school sponsored activity (i.e. recess). A playground is not the "premises" of a school under 46.035. While theoretically you could open carry there I would probably pass on that.
Now don't YOU start in with the "affraid of the ride" stuff. :-)

(Just bustin' your chops.)
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AJSully421
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Re: School Playground Carry

#5

Post by AJSully421 »

Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

NRA, LTC, School Safety, Armed Security, & Body Guard Instructor

Soccerdad1995
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Re: School Playground Carry

#6

Post by Soccerdad1995 »

AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
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AJSully421
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Re: School Playground Carry

#7

Post by AJSully421 »

Soccerdad1995 wrote:
AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
Good catch... I guess it could just as easily be a private entity. Good to know.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

NRA, LTC, School Safety, Armed Security, & Body Guard Instructor

Soccerdad1995
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Re: School Playground Carry

#8

Post by Soccerdad1995 »

AJSully421 wrote:
Soccerdad1995 wrote:
AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
Good catch... I guess it could just as easily be a private entity. Good to know.
The problem is that in your case you would have no way of knowing without getting too close (assuming you are carrying). That's an issue with the whole "school sponsored" thing in general. If you see a group of kids walk into the McDonalds you are sitting in, and they have a couple adults with them, is it a school field trip, a school sports team headed to an out of town game, or a non-school club team, or a church group, or a private birthday party, or..............
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AJSully421
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Re: School Playground Carry

#9

Post by AJSully421 »

Soccerdad1995 wrote:
AJSully421 wrote:
Soccerdad1995 wrote:
AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
Good catch... I guess it could just as easily be a private entity. Good to know.
The problem is that in your case you would have no way of knowing without getting too close (assuming you are carrying). That's an issue with the whole "school sponsored" thing in general. If you see a group of kids walk into the McDonalds you are sitting in, and they have a couple adults with them, is it a school field trip, a school sports team headed to an out of town game, or a non-school club team, or a church group, or a private birthday party, or..............
Agreed... this all needs to go away in 2017.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

NRA, LTC, School Safety, Armed Security, & Body Guard Instructor

Topic author
imkopaka
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Re: School Playground Carry

#10

Post by imkopaka »

Thanks for the help y'all. I think I'll just conceal my wife's 9mm to make it a little less likely to accidentally show if I bend over or something. Good to know that I don't have to watch my kids play from a bench a quarter mile away just so I can carry. :mrgreen:
Never bring a knife to a gun fight.
Carry gun: Springfield XD Tactical .45

TexasCajun
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Re: School Playground Carry

#11

Post by TexasCajun »

Soccerdad1995 wrote:
AJSully421 wrote:
Soccerdad1995 wrote:
AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
Good catch... I guess it could just as easily be a private entity. Good to know.
The problem is that in your case you would have no way of knowing without getting too close (assuming you are carrying). That's an issue with the whole "school sponsored" thing in general. If you see a group of kids walk into the McDonalds you are sitting in, and they have a couple adults with them, is it a school field trip, a school sports team headed to an out of town game, or a non-school club team, or a church group, or a private birthday party, or..............
"School sponsored activity" only applies to property that the school administration is in control of. McDonald's, a public park, etc would not fall under that definition because the school administration cannot bar anyone from entering such places. And yes, the antis have tried to argue that a "school sponsored activity" is a floating, conditional boundary. But the relevant statute is not written that way. And I've also seen public posts from a legal defense service that shall remain nameless claim that the various Livestock Show & Rodeos would be off-limits due to the "school sponsored activity" provision. But other posts & information that they've published lead me to believe that they err on the side of ultra-cautious in such matters. So their word should be taken with as much a grain of salt as you would most other sources.
Opinions expressed are subject to change without notice.
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TexasCajun
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Re: School Playground Carry

#12

Post by TexasCajun »

AJSully421 wrote:
Soccerdad1995 wrote:
AJSully421 wrote:
Soccerdad1995 wrote:
AJSully421 wrote:Just be careful when you go, I went once with my kids a little before 6 one evening and there was an after school program with 4-5 kids playing. I figured that would easily qualify as school sponsored, so we just stick to the city parks where I know that carry is fine.
The after school program at my son's school is run by the local YMCA. They use school facilities but I'm not sure if it would qualify as "school sponsored". We contract with the YMCA, and all literature and signage clearly says YMCA. I need to go inside the school building to pick him up, so it's a moot point for me.
Good catch... I guess it could just as easily be a private entity. Good to know.
The problem is that in your case you would have no way of knowing without getting too close (assuming you are carrying). That's an issue with the whole "school sponsored" thing in general. If you see a group of kids walk into the McDonalds you are sitting in, and they have a couple adults with them, is it a school field trip, a school sports team headed to an out of town game, or a non-school club team, or a church group, or a private birthday party, or..............
Agreed... this all needs to go away in 2017.
I wholeheartedly agree! Let's get behind the effort to remove all of these off-limits places. The CHL/LTC track record has earned us that right.
Opinions expressed are subject to change without notice.
NRA TSRA TFC CHL: 9/22/12, PSC Member: 10/2012
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