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Carrying near school

Posted: Wed Apr 06, 2016 8:34 pm
by Hinkster3876
Hey everyone, new here but been following the forum for awhile. Just recently got my LCT. My question is I live in a neighborhood that has schools attached around my neighborhood and one is close to my house , I know you can't carry with in 1000 feet of a school. But we also have walking trails too. That go close to both schools. Now would it be bad say if I were out walking the trails or on the side walks conceal carrying and or open carrying since schools are close by?

Re: Carrying near school

Posted: Wed Apr 06, 2016 8:38 pm
by Flightmare
As long as you have your license, you are legal to carry in the trails or sidewalks either open or concealed.

Re: Carrying near school

Posted: Wed Apr 06, 2016 9:19 pm
by Scott in Houston
Hinkster3876 wrote:Hey everyone, new here but been following the forum for awhile. Just recently got my LCT. My question is I live in a neighborhood that has schools attached around my neighborhood and one is close to my house , I know you can't carry with in 1000 feet of a school. But we also have walking trails too. That go close to both schools. Now would it be bad say if I were out walking the trails or on the side walks conceal carrying and or open carrying since schools are close by?
If you have your LTC, you can carry 1ft from a school. Just don't go into any building or on the grounds of a school sponsored activity. The 1000 feet is a federal law that has an exclusion for LTC.

Re: Carrying near school

Posted: Wed Apr 06, 2016 9:53 pm
by Javier730
Scott in Houston wrote:
Hinkster3876 wrote:Hey everyone, new here but been following the forum for awhile. Just recently got my LCT. My question is I live in a neighborhood that has schools attached around my neighborhood and one is close to my house , I know you can't carry with in 1000 feet of a school. But we also have walking trails too. That go close to both schools. Now would it be bad say if I were out walking the trails or on the side walks conceal carrying and or open carrying since schools are close by?
If you have your LTC, you can carry 1ft from a school. Just don't go into any building or on the grounds of a school sponsored activity. The 1000 feet is a federal law that has an exclusion for LTC.
:iagree: Yup. The LTC has to be for the state you are carrying in though, no out of state licenses.

Re: Carrying near school

Posted: Wed Apr 06, 2016 10:28 pm
by Hinkster3876
Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.

Re: Carrying near school

Posted: Wed Apr 06, 2016 10:48 pm
by locke_n_load
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Y'all better direct him to the AG opinion on this matter before telling him it's 100% A-OK to carry 1 ft from the school. I used to think the way you did until I read that letter.

Re: Carrying near school

Posted: Thu Apr 07, 2016 12:39 am
by Hinkster3876
locke_n_load wrote:
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Y'all better direct him to the AG opinion on this matter before telling him it's 100% A-OK to carry 1 ft from the school. I used to think the way you did until I read that letter.
What's this AG letter?

Re: Carrying near school

Posted: Thu Apr 07, 2016 4:03 am
by Beiruty
locke_n_load wrote:
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Y'all better direct him to the AG opinion on this matter before telling him it's 100% A-OK to carry 1 ft from the school. I used to think the way you did until I read that letter.
Please do not disorient me a bit more. The law that I know is that "premises" is the building or portion of building. If there is school-sponsored activity on somewhere else than you cannot carry there. I carries cced in the parking lot while picking my kids from the school, school resource officer as well as the school principal know about it and I had 0 issues.

I read the letter again and for the record, I have some intelligence and capacity of reading legal documents, your understanding of the letter is wrong. The AG opinion did not a change a thing it does state and confirm the same as the law.
Here is the letter: https://texasattorneygeneral.gov/opinio ... kp0050.pdf

Re: Carrying near school

Posted: Thu Apr 07, 2016 4:17 am
by Beiruty
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Find a new a LTC instructor.

Re: Carrying near school

Posted: Thu Apr 07, 2016 7:25 am
by RPBrown
Beiruty wrote:
locke_n_load wrote:
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Y'all better direct him to the AG opinion on this matter before telling him it's 100% A-OK to carry 1 ft from the school. I used to think the way you did until I read that letter.
Please do not disorient me a bit more. The law that I know is that "premises" is the building or portion of building. If there is school-sponsored activity on somewhere else than you cannot carry there. I carries cced in the parking lot while picking my kids from the school, school resource officer as well as the school principal know about it and I had 0 issues.

I read the letter again and for the record, I have some intelligence and capacity of reading legal documents, your understanding of the letter is wrong. The AG opinion did not a change a thing it does state and confirm the same as the law.
Here is the letter: https://texasattorneygeneral.gov/opinio ... kp0050.pdf
:iagree:

In the letter, he even defines "premises" and says they are okay to carry. BTW, I like the way he gave an example of the band practicing in the parking lot.

Re: Carrying near school

Posted: Thu Apr 07, 2016 7:55 am
by RoyGBiv
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Be careful to read all the rules before deciding what to do....

In my opinion, a Texas LTC permit holder can carry up to the front door of a school (in Texas, not outside Texas), but not into any buildings, except if a school sponsored event is taking place. So, you cannot carry at a football game or a track meet, for example. There have been many discussions here as to whether an open air stadium constitutes "premises" or "a building". That discussion is ongoing and no case law that I know of provides a clear answer.... So... err on the side of caution would be my advice.

Regarding the 1000 feet from a school thing, here is a Wiki link for further reading.
https://en.wikipedia.org/wiki/Gun-Free_ ... ct_of_1990
See "Exceptions"
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
Also worth reading:
https://upload.wikimedia.org/wikipedia/ ... 3gfsza.pdf

The above is my OPINION. I am not a lawyer. This is not legal advice.

Re: Carrying near school

Posted: Thu Apr 07, 2016 8:37 am
by howdy
Here is an article concerning Houston ISD's interpretation of the OCC law:

http://www.chron.com/news/education/art ... 737830.php

"Firearms will be allowed in parking lots, school bus pick-up and drop-off areas, parent drop-off or pickup areas, on sidewalks surrounding the school and up to the door of the school building."

Re: Carrying near school

Posted: Thu Apr 07, 2016 8:40 am
by locke_n_load
Beiruty wrote:
locke_n_load wrote:
Hinkster3876 wrote:Ok great! When I was in my class I remember the instructor said within 1000 feet from schools with an LTC, that's what he told me to write down in my green monster.
Y'all better direct him to the AG opinion on this matter before telling him it's 100% A-OK to carry 1 ft from the school. I used to think the way you did until I read that letter.
Please do not disorient me a bit more. The law that I know is that "premises" is the building or portion of building. If there is school-sponsored activity on somewhere else than you cannot carry there. I carries cced in the parking lot while picking my kids from the school, school resource officer as well as the school principal know about it and I had 0 issues.

I read the letter again and for the record, I have some intelligence and capacity of reading legal documents, your understanding of the letter is wrong. The AG opinion did not a change a thing it does state and confirm the same as the law.
Here is the letter: https://texasattorneygeneral.gov/opinio ... kp0050.pdf
You can carry up to a school building and not inside if no school event is going on. However, what about student and bus drop-offs? Are those school sponsored events (especially the buses)? I don't know legally. So can you get out of your car with your concealed (or openly carried pistol) with an LTC and hug your kid bye if there are school buses dropping off students next to you?
Can you walk on the trails behind the school if the cross country team is using it for practice? Is that a school sponsored event? I would think so.
Just some major grey areas in this, since "school sponsored" is not defined anywhere, and I'd want people to read the letter themselves for those circumstances before everyone says "A-ok" without any further context.

From the AG letter (thanks for the link, always have a hard time finding it).
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.
Edit to Beiruty: I agree with what you say, just some special circumstances I think the OP should know/read. I'm glad your resource officer and principal are cool with carrying during dropoff/pickup, but some other cops and administrations may not be and may interpret the law differently.

It's also a class A misdemeanor if anyone was convicted of breaking this law, not just a class C 30.06/30.07 violation.

Re: Carrying near school

Posted: Thu Apr 07, 2016 8:47 am
by locke_n_load
howdy wrote:Here is an article concerning Houston ISD's interpretation of the OCC law:

http://www.chron.com/news/education/art ... 737830.php

"Firearms will be allowed in parking lots, school bus pick-up and drop-off areas, parent drop-off or pickup areas, on sidewalks surrounding the school and up to the door of the school building."
Thank you for the article. I'm right outside of Houston.
Edit: Harley dealership bans OC - seems backwards!

Re: Carrying near school

Posted: Thu Apr 07, 2016 8:53 am
by Beiruty
Just to make you at ease,
1) Bus dropping/picking up kids is a transportation activity, not school-sponsored activity.
2) Yes, if there school-sponsored sports event such as training, competition, ... etc. picnic, field day etc, you cannot oc/cc on the property where the activity is occurring. Side walk and streets are still public and you can use those to leave the property where said school sponsored activity is taking place.

I hope this helps all new LTCers.