CleverNickname wrote:seamusTX wrote:shaggydog wrote:Is it legal to carry in an "illegal" environment i.e. an establishment that is normally 51%, if that establishment is NOT being used for its routine (51%) purpose (bar being used as a church)?
It is illegal by the language of the statute (PC 46.03) to carry in a bar or school building, period.
Ok, but consider these two scenarios:
1. A church starts a private school, which uses the church's building during the week. Is it legal to carry there on Sunday?
2. A new church starts up, and not having their own building, they rent a school to meet in on Sunday. Is it legal to carry there on Sunday?
I have a feeling most people's gut reaction would be that #1 is legal but #2 isn't, but I fail to see the difference.
The language of the law is imperfect. It is manifestly imperfect.
For example, the modification of PC 46.02 that makes car carry legal allows you to carry a handgun from your home to your car, but not from your car to your home.
When this kind of thing happens, courts look to legislative intent.
When the legislature made schools off-limits, they most likely meant that buildings owned by school districts with names like "Alamo Middle School" emblazoned above the door should be off-limits.
They probably did not intend that a trailer used for Sunday school should be off-limits when it was used for Bible study on Wednesday. They probably did not consider that issue.
There's another aspect to this question that people generally ignore (and which drives me nuts): You can carry anywhere until you encounter a metal detector, you are searched, or you drop your pistol in the middle of the quilting bee. No one will notice otherwise.
If a church member is found to be carrying at the church-school, who is going to call the cops? Is the church member so suspect that they will? If not, nothing will happen beyond possibly embarrassment.
Please note this, because it's my last word on this subject:
If you are found to be carrying
and if someone calls the police
and if you are still there when the police arrive
you will most likely be arrested.
This is what the police do, 99% of the time. They arrest “civilians� who have weapons in doubtful circumstances and are causing distress because of that.
Some police officers would not arrest, but most follow department policy and routine.
You may not be charged. It depends upon the DA. You may get low bail and go home quickly. You probably will get your handgun back. Or maybe not.
- Jim
Promice.
