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carrying in a stadium or large venue

Posted: Sat May 02, 2009 10:49 pm
by texastaurusguy
I'd like to be reminded what the law is on carrying somewhere like Texas Stadium, the AAC, The Ballpark in Arlington, or even a smaller venue such as the Dr. Pepper ballpark in Frisco - somewhere that there is a professional sports team playing. I can't recall if it's just not allowed, or if it depends on if the city owns the venue........thanks for any help you can lend, and sorry if this is a subject that has been brought up before.

Re: carrying in a stadium or large venue

Posted: Sat May 02, 2009 11:09 pm
by SlowDave
pc 46.035.b.2: You can't carry at a location where a high school, college, or professional sporting event is taking place. So, I guess the answer is, you could carry at the stadium if you went to an off-hours tour of the facility, or at a concert or something if not otherwise posted, but not at a sporting event.

Re: carrying in a stadium or large venue

Posted: Sun May 03, 2009 7:37 am
by GlockFan
When my daughter has her H.S. graduation at Toyota Center next month I was thinking about that. What do y'all think about it? Can I carry? :???:

Re: carrying in a stadium or large venue

Posted: Sun May 03, 2009 7:45 am
by troglodyte
No can do.

PC w6.03. 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;

Re: carrying in a stadium or large venue

Posted: Sun May 03, 2009 8:21 am
by Bob Landry
The term "sporting event" is self explanatory. If you don't know where you can carry, perhaps you might review your book of statutes. Everything is covered there and it's, for the most part, pretty straight forward. If the stadium is on the campus of an educational institution you wouldn't be able to cary there anyway regardless of the type of event...

Re: carrying in a stadium or large venue

Posted: Sun May 03, 2009 2:15 pm
by texastaurusguy
Thanks guys, this is pretty much what I was thinking, just wanted clarification.

Re: carrying in a stadium or large venue

Posted: Mon May 04, 2009 12:46 pm
by barres
Bob Landry wrote:The term "sporting event" is self explanatory. If you don't know where you can carry, perhaps you might review your book of statutes. Everything is covered there and it's, for the most part, pretty straight forward. If the stadium is on the campus of an educational institution you wouldn't be able to cary there anyway regardless of the type of event...
Actually, if the stadium is not enclosed, I don't think it would be prohibited outside of a school function or sporting event. Carrying is prohibited on the premises of a school, per PC46.03(a)(1), but it goes on to say that the definition of "premises" to be used in this section is the one found in PC46.035, per PC46.03(c)(1). Premises is defined in PC46.035(f)(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. While it does not specifically address stadiums, I would think that a stadium that is not enclosed would not constitute a building.

As the saying goes, IANAL and IMHO.

Re: carrying in a stadium or large venue

Posted: Mon May 04, 2009 1:41 pm
by Purplehood
barres wrote:
Bob Landry wrote:The term "sporting event" is self explanatory. If you don't know where you can carry, perhaps you might review your book of statutes. Everything is covered there and it's, for the most part, pretty straight forward. If the stadium is on the campus of an educational institution you wouldn't be able to cary there anyway regardless of the type of event...
Actually, if the stadium is not enclosed, I don't think it would be prohibited outside of a school function or sporting event. Carrying is prohibited on the premises of a school, per PC46.03(a)(1), but it goes on to say that the definition of "premises" to be used in this section is the one found in PC46.035, per PC46.03(c)(1). Premises is defined in PC46.035(f)(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. While it does not specifically address stadiums, I would think that a stadium that is not enclosed would not constitute a building.

As the saying goes, IANAL and IMHO.
I personally would consider a stadium a building in light of the statute. It is a "structure" that is specifically built for people to congregate in. A parking garage is not.

Re: carrying in a stadium or large venue

Posted: Mon May 04, 2009 8:14 pm
by shootthesheet
If there is not a building that must be passed thru, an open stadium is legal if not otherwise restricted. It doesn't matter if people are there or not. However, don't go to the restroom or enclosed concession area because that puts you on the "premises".

It really depends on the way the stadium is set up. My rural stadium is completely open and I have carried there to non-school related events. It is no different than any open place on school grounds.

What would be considered "portion of a building". I think something like an enclosed porch or walkway with doors and that is attached to a building but where you would have to go thru other doors to get into the building. I have seen places like that and just consider it part of the building. Basically, if it has four walls, a roof and a door or doors then it is a building or part of a building. The problem is I think a CHL might have to go to court to prove that.

I am not a lawyer and that is just my opinion.

Re: carrying in a stadium or large venue

Posted: Mon May 04, 2009 8:31 pm
by Pete92FS
To GlockFan - I was at Toyota Center for the Elton John concert and it is posted 30.06 at the entrances.

Re: carrying in a stadium or large venue

Posted: Tue May 05, 2009 10:44 am
by barres
Pete92FS wrote:To GlockFan - I was at Toyota Center for the Elton John concert and it is posted 30.06 at the entrances.
Isn't the Toyota Center property owned by either the City of Houston or Harris County? The first, last, and only time I was there was for a sporting event, so I paid no attention to signage.