School Grounds but Not School Sponsored

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
locke_n_load
Senior Member
Posts in topic: 1
Posts: 1000
Joined: Tue Apr 09, 2013 3:35 pm

School Grounds but Not School Sponsored

#1

Post by locke_n_load »

My 2 year old will be having soccer lessons at the outdoor soccer fields at an elementary school. The lessons are put on by a private company that I'm sure has permissions to use the fields.
I would think that these lessons would not qualify as a "school sponsored event" so carry would be legal outside, as long as the school is not having their own soccer practice... Unless the group putting on my kid's lessons would be considered an "educational institution"...

What say the legal scholars in here?

Relevant code (really wish it would have been better defined this year...):
Sec. 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 weapon listed 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
Last edited by locke_n_load on Tue Jun 20, 2017 4:15 pm, edited 1 time in total.
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor
User avatar

Flightmare
Senior Member
Posts in topic: 1
Posts: 3088
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: School Grounds but Not School Sponsored

#2

Post by Flightmare »

locke_n_load wrote:My 2 year old will be having soccer lessons at the outdoor soccer fields at an elementary school. The lessons are put on by a private company that I'm sure has permissions to use the fields.
I would think that these lessons would not qualify as a "school sponsored event" so carry would be legal outside, as long as the school is not having their own soccer practice.
What say the legal scholars in here?
That is my understanding as well, however IANAL.
Deplorable lunatic since 2016
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18494
Joined: Sat Aug 18, 2007 3:29 pm

Re: School Grounds but Not School Sponsored

#3

Post by Keith B »

Since it's not a school sponsored event, and it's not 'on the premises( building or portion of a building), it would not be illegal. Premises are defined in 46.035
(3) “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. - See more at: http://codes.findlaw.com/tx/penal-code/ ... DPlir.dpuf
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

Bruin98
Member
Posts in topic: 1
Posts: 151
Joined: Fri Jun 05, 2015 9:57 am

Re: School Grounds but Not School Sponsored

#4

Post by Bruin98 »

My kid played on a team that used a field behind the school. Practice started about 3 hours after school let out so I thought nothing of having it under my shirt. Nobody else seemed to either.

z_g_yang
Junior Member
Posts in topic: 1
Posts: 16
Joined: Tue Jun 28, 2016 10:38 am

Re: School Grounds but Not School Sponsored

#5

Post by z_g_yang »

This is also my understanding. However, tricky thing is, as soon as some school activity shows up, you need to leave.
Keith B wrote:Since it's not a school sponsored event, and it's not 'on the premises( building or portion of a building), it would not be illegal. Premises are defined in 46.035
(3) “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. - See more at: http://codes.findlaw.com/tx/penal-code/ ... DPlir.dpuf
User avatar

RoyGBiv
Senior Member
Posts in topic: 1
Posts: 9509
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: School Grounds but Not School Sponsored

#6

Post by RoyGBiv »

Here's a wrinkle...

If the non-school soccer training/team was allowed to recruit by passing out flyers or other advertising at school, and maybe the school gets some sort of kick-back (sports equipment, cash, etc), then... would that make it a school-sponsored event?

Just splitting hairs...
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Post Reply

Return to “General Texas CHL Discussion”