Is it legal to carry here?

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one73maro
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Is it legal to carry here?

Post by one73maro »

I'm not sure if its legal to carry in this place so could someone help me out here. My son is playing a soccer tournament and probably his soccer season at a college campus. I know that you can carry on campus but not in the buildings. It is not a uil or collegiate sporting event but wasnt sure if carrying in the stadium was considered the same as being in a campus building. I hope this makes sense the way that I explained it. Any input would be helpful. Thanks guys!
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JCole
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Re: Is it legal to carry here?

Post by JCole »

I'd say, (and it's just an opinion,) that if you have to go through a securable door or portal to get there, something with a roof, then it's probably off-limits.
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JJVP
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Re: Is it legal to carry here?

Post by JJVP »

Is this a school, high school or collegiate sponsored event? If it is the answer looks to be NO. If it is just a league not associated with school, then maybe. My IANAL $0.02 answer.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event

PC §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, unless pursuant to written regulations or written authorization of the institution
Last edited by JJVP on Wed Aug 08, 2012 4:22 pm, edited 1 time in total.
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one73maro
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Re: Is it legal to carry here?

Post by one73maro »

It is not a uil or collegiate event. The league that he is in uses the soccer facilities at the college.
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snatchel
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Re: Is it legal to carry here?

Post by snatchel »

Is it sponsored by the university? My understanding is that events hosted or sponsored by the university are a no go. I do not have the law handy, but someone will come along shortly to take care of that for me.
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steveincowtown
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Re: Is it legal to carry here?

Post by steveincowtown »

JJVP wrote:Is this a high school or collegiate sponsored event? If it is the answer looks to be NO. If it is just a league not associated with school, then maybe. My IANAL $0.02 answer.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event


(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.

I know I am wrong here, so someone correct me, but the way I read this if I am at a high school basketball game indoor I cannot carry. If I am at a high school soccer game that is being planned on an open field which although located on the "property" but not on the "premises" would it be ok to carry?
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JCole
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Re: Is it legal to carry here?

Post by JCole »

steveincowtown wrote:
I know I am wrong here, so someone correct me, but the way I read this if I am at a high school basketball game indoor I cannot carry. If I am at a high school soccer game that is being planned on an open field which although located on the "property" but not on the "premises" would it be ok to carry?
If you're at a high-school game, you're at a school -sponsored event, and can't carry no matter where it's located.
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JCole
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Re: Is it legal to carry here?

Post by JCole »

The real question from the OP, is whether or not the stadium is considered 'premises.' I think it probably is, where an open soccer field, isn't.
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Re: Is it legal to carry here?

Post by steveincowtown »

JCole wrote:
steveincowtown wrote:
I know I am wrong here, so someone correct me, but the way I read this if I am at a high school basketball game indoor I cannot carry. If I am at a high school soccer game that is being planned on an open field which although located on the "property" but not on the "premises" would it be ok to carry?
If you're at a high-school game, you're at a school -sponsored event, and can't carry no matter where it's located.
Ah...here we go. It is in a different section. My brain is gassy today.

PC §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, unless pursuant to written regulations or written authorization of the institution;
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SQLGeek
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Re: Is it legal to carry here?

Post by SQLGeek »

This sounds like a club soccer league so in that case I think you're fine. The facility itself I'm less clear on. An open soccer field doesn't meet the definition of a premises it doesn't seem but the spectator area potentially could. I'm not sure I'd risk it personally but I think it's a bit grey.

Enjoy the games and please be kind to the referees. :cool:
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one73maro
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Re: Is it legal to carry here?

Post by one73maro »

My son is 11 and this is his select soccer league.
one73maro
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Re: Is it legal to carry here?

Post by one73maro »

I believe that the league rents these facilities from the college. We have to pay fees to the league for field maintenance and I'm sure part of that goes to the college. Yes you must be kind to the refs. If not it's gonna be a long game of bad calls or no calls!
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SQLGeek
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Re: Is it legal to carry here?

Post by SQLGeek »

one73maro wrote:IYes you must be kind to the refs. If not it's gonna be a long game of bad calls or no calls!
I meant be kind because they are people also, doing a job few appreciate and because believe it or not, they don't really care who wins.
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one73maro
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Re: Is it legal to carry here?

Post by one73maro »

Yes I agree with you on that.
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Teamless
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Re: Is it legal to carry here?

Post by Teamless »

I have a similar situation but the grounds are a middle school football field.

My nephew does not play in a school sponsored event, just on the field,
I park in the school parking lot,
Walk through a gate into the field
and CARRY my weapon(s)

I believe I am legal to do so based on the statute.

So my answer to you is, yes, I believe you may carry there.

But be warned, if you have to use the bathroom, do NOT go inside the building to do so, that is strictly off-limits
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