CHL CARRY AND Sporting Events

[texas_teacher]

Question:

Is a road race for a cycling or running event through a city considered a sporting event?

For example if in my gym bag when I go to the Capital 10k I take my carry piece and I have it on me during the warm up of the race and then I return it to my locked vehicle am I carrying in the presence of a sporting event?

Different example would be attending a high school or university cross country meet held at a public park. Am I carrying in the presence of a sporting event in this case?

From my personal feelings and logic and the little that I do know about Texas law would be the first instance carrying might be questionable and in the second instance it would be absolutely questionable .

 

[MAJIK_BONE_77]

Any school sporting event, no matter what kind or where it is located is off limits

 

[texas_teacher]

Any school sporting event, no matter what kind or where it is located is off limits

That's what I thought as well... But then you have the city event?

A school or educational institution, high school, collegiate, or professional sporting event or interscholastic event that is taking place.

 

[txinvestigator]

Any school sporting event, no matter what kind or where it is located is off limits

Not true. Only high school, collegiate, or interscholastic sporting events are off limits.

 

[txinvestigator]

Texas Teacher, your Capital [sic] 10K is not a professional sporting event; therefore, it is not off limits.

Here is the law;

Texas Penal Code

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

Notice it uses the term "premises" which means a building or portion of a building. It does not include sidewalks, driveways, parking garages, walkway, etc.

School sporting events that do not fall within the above are not off limits.

 

[MAJIK_BONE_77]

Not true. Only high school, collegiate, or interscholastic sporting events are off limits.

Which is what I was refering too, because thats what tx_teacher was refering too.

Don't hear of too many elementary school events taking place off school property, because it's not common.

And the law says " (2) on the premises where " not "on the premises owned by the school"

Which common sense tells you would be any place that the event takes place. Because it wouldn't make sense to not be able to carry if your in a building at a high school sporting fund raiser (Which I have been to several time, almost no students there, mostly parents) not owned by the school, but be allowed to carry at a school sports rally that is not heald on school property or in a building, where people are more prone to misbehave, and there are more students attending. this is just my opinion.

And I spoke to a senior Tx DPS officer who said that if a school sporting event is taking place it doesn't matter if the premises is owned by the school or not, that place/propety (does not have to be a building) is off limits to concealed carry because it is concidered school property at the time of the event. The whole point of the law regarding school sporting events, and the part refering to carrying on school grounds is to keep guns away from children, minors, and anyone in a school or non school sporting event prone to become more "rowdy" , or due to the imature nature of school aged persons, even at the college level. This is from a senior Tx DPS officer, so I trust him.

So I would use common sense and not bring a gun to any school event or sporting event of any kind, even though if your carrying properly nobody would ever know you have it, once again it's just common sense. Why take the risk of doing something that a DPS officer, if it were known you were carrying , would view as illegal.

But then again what do I know, I'm not an Investigator.

 

[Texas42]

Ok, I'm a little confused about the definition of an "interscholastic event." My online dictionary puts it as an event existing or carried on between schools.

Sounds like any interschool event is off-limits. It brings to mind an event. Basically there was a Cheerleading pizza eating contest between my old HS and the "other" high school. It was at Cici's IIRC. My first gut says that it wouldn't be a violation to carry there (if you had gone to Cici's with your CHL like any other normal customer), but I can't see why it wouldn't be described as an "interscholastic event."

 

[MAJIK_BONE_77]

Ok, I'm a little confused about the definition of an "interscholastic event." My online dictionary puts it as an event existing or carried on between schools.

Sounds like any interschool event is off-limits. It brings to mind an event. Basically there was a Cheerleading pizza eating contest between my old HS and the "other" high school. It was at Cici's IIRC. My first gut says that it wouldn't be a violation to carry there (if you had gone to Cici's with your CHL like any other normal customer), but I can't see why it wouldn't be described as an "interscholastic event."

I believe they refer to "interscholastic event" to cover anything school related that would involve more than one school ie. chess tournaments, debates, school scholastic competitions, or activities, etc. but may not be actually considered to be sports related.

I think it and all of the school related CHL law is kind of a coverall term used to cover their asses when it comes to guns, and students of any age.

They want to keep guns away from any type of child/minor/student/generally immature individual, and have consequences for anyone who doesn't abide.

Guns around kids/students (of any age) is a touchy subject, and one apt to have left-wingers screaming for gun control, so the law tries to cover that.

Now you can look for loophole, and debate the wording of a given law all you want, but what it really boils down to is common sense, and picking at the law to see what you can get away with just does a disservice to those of us with a CHL and guns in general that use our head and try to be responsible.

 

[texas_teacher]

Not true. Only high school, collegiate, or interscholastic sporting events are off limits.

If you read what you respond to and quoted here he said a school sporting event no matter what is off limits... You stick your foot in your mouth by stating that it is high school, collegiate or interscholastic...

As far as what interscholastic covers? middle school and elementary sporting events that don't fall into high school or collegiate...

 

[txinvestigator]

Which is what I was refering too, because thats what tx_teacher was refering too.

BS. Yor wrote that ALL school sporting events are off limits, and clearly they are not. You are now backtracking.

Don't hear of too many elementary school events taking place off school property, because it's not common.

So what?

And the law says " (2) on the premises where " not "on the premises owned by the school"

Never wrote different. Anytime the word premises is used in 46.035 it means a buiding or portion of a building.

Which common sense tells you would be any place that the event takes place. Because it wouldn't make sense to not be able to carry if your in a building at a high school sporting fund raiser (Which I have been to several time, almost no students there, mostly parents) not owned by the school, but be allowed to carry at a school sports rally that is not heald on school property or in a building, where people are more prone to misbehave, and there are more students attending. this is just my opinion.

I miss your point. You cannot carry at the sporting named in the law. What does fund raisers have to do with this discussion?

And I spoke to a senior Tx DPS officer who said that if a school sporting event is taking place it doesn't matter if the premises is owned by the school or not, that place/propety (does not have to be a building) is off limits to concealed carry because it is concidered school property at the time of the event.

Can you SHOW me that in the law?

The whole point of the law regarding school sporting events, and the part refering to carrying on school grounds is to keep guns away from children, minors, and anyone in a school or non school sporting event prone to become more "rowdy" , or due to the imature nature of school aged persons, even at the college level. This is from a senior Tx DPS officer, so I trust him.

I was taught by MANY senior DPS officers. What else you wanna compare?

So I would use common sense and not bring a gun to any school event or sporting event of any kind, even though if your carrying properly nobody would ever know you have it, once again it's just common sense. Why take the risk of doing something that a DPS officer, if it were known you were carrying , would view as illegal.

I don't care what some imaginary DPS officer would "consider". If I go to a sporting event that is not college, high school, interscholastic or professional, I can lawfull carry. Going to the kids YMCA baseball game, carry is lawful. Going to Texas Motor Speedway for a SCCA event, carry is lawful. Attending a rodea that is non-professional, carry away.

But then again what do I know, I'm not an Investigator.

No, and you clearly don't know the law and have now resorted to making up people you claim to have spoken to.

 

[txinvestigator]

If you read what you respond to and quoted here he said a school sporting event no matter what is off limits... You stick your foot in your mouth by stating that it is high school, collegiate or interscholastic...

Quoting the law sticks my foot in my mouth? Really? Read the law, good grief.

As far as what interscholastic covers? middle school and elementary sporting events that don't fall into high school or collegiate...

I imagine the legislators would have then included the words, elementry and middle school..............interscholastic has meaning.

But feel free to ignore me.

 

[txinvestigator]

Ok, I'm a little confused about the definition of an "interscholastic event." My online dictionary puts it as an event existing or carried on between schools.

Sounds like any interschool event is off-limits. It brings to mind an event. Basically there was a Cheerleading pizza eating contest between my old HS and the "other" high school. It was at Cici's IIRC. My first gut says that it wouldn't be a violation to carry there (if you had gone to Cici's with your CHL like any other normal customer), but I can't see why it wouldn't be described as an "interscholastic event."

I have to wonder if there is a difference between "school sponsered event" (46.03) and "event between two or more schools" (your dictionary definition of interscholastic from 46.035. )

Perhaps the legislators are referring to the UIL? Of course, then they could have just written UIL.

 

[texas_teacher]

Quoting the law sticks my foot in my mouth? Really? Read the law, good grief.

I imagine the legislators would have then included the words, elementry and middle school..............interscholastic has meaning.

But feel free to ignore me.

I'm not going to ignore you... I don't need to...

The world can ignore you... Obviously it must have in order to make you so bitter... Interscholastic does have meaning in that it exists in between two schools...

Now I do know that law makers do have a tendency to be redundant but there are times when they're not, because frankly if every possible circumstance was covered in the texts of law then we would be quoting specific circumstances such as a cross country meet as covered under law... I quoted the law as well... the same law that you quoted... It doesn't take a MENSA candidate in order to find the Texas Penal Code online...

Interscholastic is going to include a middle school cross country meet... Does your YMCA meet take place at a school? Is the YMCA a school? I don't think so the last time I checked but wtf would I know I just work in one eh? I never implied that a YMCA or a rec center league would be someplace where you wouldn't carry... If I did imply this then find it and quote it (Seeing as you love and admire quoting)

 

[texas_teacher]

I have to wonder if there is a difference between "school sponsered event" (46.03) and "event between two or more schools" (your dictionary definition of interscholastic from 46.035. )

Perhaps the legislators are referring to the UIL? Of course, then they could have just written UIL.

If the law went as far to state UIL then when there are private schools in Texas that don't fall under UIL but rather TAPPS would be left out...

 

[Greg_TX]

They want to keep guns away from any type of child/minor/student/generally immature individual, and have consequences for anyone who doesn't abide.

I always thought it was to protect the referees ...

 

[texas_teacher]

I always thought it was to protect the referees ...

Them and Houston Texans place kickers...

Maybe the zebras should start packing in their uniforms, atleast billy clubs eh?

 

[MAJIK_BONE_77]

I always thought it was to protect the referees ...

I thought it was to protect Tony Romo when he forgets hes a Quarterback, and thinks hes just the guy who hands off the ball all day.

 

[Texas42]

Them and Houston Texans place kickers...

Maybe the zebras should start packing in their uniforms, atleast billy clubs eh?

They need more than billy club. I'd want a stinking 8 gauge to stop some of those monsters that play professional football.

 

[Greg_TX]

It ain't just football:

 

[texas_teacher]

It ain't just football:

I think Yao takes shits bigger than that ref...

and the chicks are throwing the punches too... Sic 'EM

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