Clarification on PC 46.03

[doc540]

"ec. 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;"

1. What about a school district administration parking lot? (no school, just admin bldg)

2. School parking lot where a school board meeting is being held after school hours.

thnx

[srothstein]

When you read the definition of premises, you will see that it only means in the buildings. For the grounds to be covered by the clause you emphasized, the activity must be on the grounds, not just in the building there. For example, if there was a school football practice going on in the school field, that would make those grounds illegal to carry on.

About the only activity that I can think of that would make the parking lot illegal would be if the school was doing something in the lot itself. This could be done if they had a carnival set up there for example, or if the marching band was using the main parking lot for practice. But just being the lot for the admin building or for the school board meeting would not meet the requirements of grounds where an activity is taking.

[doc540]

thnx, steve