TexasCHLforum.com

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The Rockwall ISD, where my kids go to school, sent me an email to me ( and I assume many others) talking about the New Open Carry Gun Laws. Fortunately they were kind enough to share a web link to the letter so I could share with you http://us6.campaign-archive1.com/?u=943 ... 4169a83a35

Specifically, I question the following:
"Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code to prohibit the carry of a firearm, including a handgun, on any school grounds, including a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area while an activity sponsored by a school is being conducted. Firearms, including handguns, are automatically prohibited in a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area when a school-sponsored activity is taking place. "

I need to research further but I thought parking lots were good. If what I read above is true, then I can't drive on school ground while carrying to pick up or drop off my kids. Thoughts?

Tazman wrote:All

The Rockwall ISD, where my kids go to school, sent me an email to me ( and I assume many others) talking about the New Open Carry Gun Laws. Fortunately they were kind enough to share a web link to the letter so I could share with you http://us6.campaign-archive1.com/?u=943 ... 4169a83a35

Specifically, I question the following:
"Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code to prohibit the carry of a firearm, including a handgun, on any school grounds, including a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area while an activity sponsored by a school is being conducted. Firearms, including handguns, are automatically prohibited in a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area when a school-sponsored activity is taking place. "

I need to research further but I thought parking lots were good. If what I read above is true, then I can't drive on school ground while carrying to pick up or drop off my kids. Thoughts?

The statement is actually correct, but you have to pay attention to the part I highlighted in red.

For instance, if band practice is taking place in the parking lot, then the parking lot is off limits.

As I understand it from the CHL class, the "within the walls of the building" definition of 'premises' still stands. You can drive into the dropoff lane or the parking lot. You may not enter any of the buildings.

"...Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code....

I'd like to see a cite on that.

JustSomeOldGuy wrote:As I understand it from the CHL class, the "within the walls of the building" definition of 'premises' still stands. You can drive into the dropoff lane or the parking lot. You may not enter any of the buildings.

That is true, but you have to also remember the part in red below:

§46.03 wrote:(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;

Ruark wrote:

"...Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code....

I'd like to see a cite on that.

Here is the opinion. Note that the AG specifically used the example of the band practicing in the parking lot making it off-limits.

https://texasattorneygeneral.gov/opinio ... kp0050.pdf

srothstein wrote:

Ruark wrote:

"...Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code....

I'd like to see a cite on that.

Here is the opinion. Note that the AG specifically used the example of the band practicing in the parking lot making it off-limits.

https://texasattorneygeneral.gov/opinio ... kp0050.pdf

Srothstein - Thanks for the link!

Tazman wrote:All

The Rockwall ISD, where my kids go to school, sent me an email to me ( and I assume many others) talking about the New Open Carry Gun Laws. Fortunately they were kind enough to share a web link to the letter so I could share with you http://us6.campaign-archive1.com/?u=943 ... 4169a83a35

Specifically, I question the following:
"Additionally, the Texas Attorney General has interpreted section 46.03 of the Texas Penal Code to prohibit the carry of a firearm, including a handgun, on any school grounds, including a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area while an activity sponsored by a school is being conducted. Firearms, including handguns, are automatically prohibited in a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area when a school-sponsored activity is taking place. "

I need to research further but I thought parking lots were good. If what I read above is true, then I can't drive on school ground while carrying to pick up or drop off my kids. Thoughts?

The email portends to quote the AG, but it is not a quote but a misshapen paraphrase. As others have pointed out, if some sort of school sponsored educational activity is taking place then a portion, that portion of the grounds can fall within the definition of premises even if normally excluded,

Here is the actual summary quote and notice the word CAN.

Subsection 46.03(a)(l) of the Penal Code prohibits handguns from places on which a school-sponsored activity is occurring, which places can include grounds otherwise excluded from the definition of "premises" such as public or private driveways, streets, sidewalks or walkways, parking lots, parking garages, or other parking areas.