Texas Open Carry on School Property

S

steve4102

New member
Texas Senator John Whitmire (D) has requested AG Opinion on carrying on school property.

1. Does the trespass provision of the new "Open Carry" law under section 30.07 of the Texas
Penal Code (TPC) apply to school district property, including parking Jots, driveways,
sidewalks and walkways?

2. Does TPC 46.03(a)(1) prohibit the carrying of firearms on the grounds of a school district
where educational activity is being conducted to include parking lots, driveways sidewalks or
walkways of the school property?

https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2015/pdf/RQ0054KP.pdf

I tried to follow his "arguments" but I got lost.

Is the New Texas Open Carry law that messed up and open for interpretation?

Thoughts?
 
steve4102 said:
Texas Senator John Whitmire (D) has requested AG Opinion on carrying on school property.

1. Does the trespass provision of the new "Open Carry" law under section 30.07 of the Texas
Penal Code (TPC) apply to school district property, including parking Jots, driveways,
sidewalks and walkways?

2. Does TPC 46.03(a)(1) prohibit the carrying of firearms on the grounds of a school district
where educational activity is being conducted to include parking lots, driveways sidewalks or
walkways of the school property?

https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2015/pdf/RQ0054KP.pdf

I tried to follow his "arguments" but I got lost.

Is the New Texas Open Carry law that messed up and open for interpretation?

Thoughts?
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Banning lawful carry on school property is silly to begin with. Once you cross that line there is no right/good side.
 
Where I live, you can have your concealed weapon on you as long as you are dropping off or picking up your kid. get out of the car to go inside with it, and you're toast.
 
Tom Servo Texas Penal Code 46.03 governs the matter. It is illegal to possess a firearm on school grounds.

Furthermore:


Quote:
It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
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Click to expand...
<---Teacher
Wrong. Texas law clearly allows parents to carry concealed or possess a firearm in their vehicle on school property such as a parking lot (grounds). They cannot enter the actual building (premises).
There must be a school sponsored activity being conducted on the grounds....as in an elementary school "field day" or sporting event. At those times possession by a CHL holder is not permitted.
Sec. 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;
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Whether the new open carry laws will mirror that is TBD.
 
Yeah you know your definition of premises is incorrect right Tom? School premises would be any property owned by the school, and that includes parking lots.

It's already illegal. As a teacher you should probably know this...

prem·is·es
ˈpreməsəz/Submit
noun
a house or building, together with its land and outbuildings, occupied by a business or considered in an official context.
 
There is a variety of legal definitions of "premises" in TX law that relate to weapons offenses and various sections of the law. The general definition does not apply.

Here's one, but there are others.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.035

"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.​
 
This has been explored in detail on Texas sites. Parking lots are ok. Sporting or other school events are strict no nos.

OC, that is new, hence the opinion request. Pragmatically, I wouldn't do that in an urban/suburban environment, but I wouldn't OC in those environments anywhere.
 
Weird, I stand corrected... One of these days someone should make things mean the same things everywhere.

But I could argue that school in session = activity sponsored by the school.
 
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