High School (Kinda) Baseball Carry

JKUMike

New Member
Jul 26, 2019
12
3
Sugar Land
I feel like I have a handle on the school / premise / activity aspects, but have an odd (to me) situation I was hoping someone would have some info or clarification on.

My kid plays on his high school baseball team, so in the Spring at official school games things are off limits. In the fall (now) he is playing in a league that is not run by the school or school district(s), but they are wearing school uniforms, playing under the school name, and the team was set up through the school coach (even though he can not coach under UIL rules). We paid for the him to play in the league so that was not covered by the school. Ok to carry?

Up until now I generally err on the side of caution, but was curious about a definitive answer.

League website: www.fortbenbaseballleague.com is the league info if that helps.

Any direction, info, or answers would be appreciated.


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SQLGeek

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Sep 22, 2017
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Richmond
I'm familiar with the league. Since it is not under the auspices of the UIL and school personnel are not involved beyond initial setup, I think it would not be considered a school activity. This is purely my personal opinion. I am not a lawyer and this is not legal advice. Usual disclaimer stuff. :)

I did not realize they were playing now. I thought it was a summer thing. Did it get pushed back due to Covid or do they normally play a fall league?
 

JKUMike

New Member
Jul 26, 2019
12
3
Sugar Land
I'm familiar with the league. Since it is not under the auspices of the UIL and school personnel are not involved beyond initial setup, I think it would not be considered a school activity. This is purely my personal opinion. I am not a lawyer and this is not legal advice. Usual disclaimer stuff. :)

I did not realize they were playing now. I thought it was a summer thing. Did it get pushed back due to Covid or do they normally play a fall league?
I think they have typically had a fall league but it just wasn’t as popular as it is this year. I have heard several coaches say that because last year was cut short they want to get the kids some games together. At least that is why we did it this year.

My youngest did the incoming freshman league during the summer.

It was mostly the “school uniforms” and name that made me pause and question.


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seeker_two

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Jul 1, 2008
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The main question is....are they playing on school-owned property? If so, that would make carry other than the parking lot verboten.

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SQLGeek

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Sep 22, 2017
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The main question is....are they playing on school-owned property? If so, that would make carry other than the parking lot verboten.
Not necessarily.

Premises is defined as the building or portion of the building in 46.035. Most baseball fields are outdoors and many not in a stadium complex, specially around here.

Fort Bend Baseball league also plays at least some of the games in a city park.
 

JKUMike

New Member
Jul 26, 2019
12
3
Sugar Land
Not necessarily.

Premises is defined as the building or portion of the building in 46.035. Most baseball fields are outdoors and many not in a stadium complex, specially around here.

Fort Bend Baseball league also plays at least some of the games in a city park.
I thought “premise” as it relates to school activities depended on the circumstance. For example, building is a premise and parking lot is not, but if the band is practicing in the parking lot then it became part of the “premise”?


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SQLGeek

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Sep 22, 2017
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I thought “premise” as it relates to school activities depended on the circumstance. For example, building is a premise and parking lot is not, but if the band is practicing in the parking lot then it became part of the “premise”?
For these purposes, premises are defined by 46.035 but your understanding is correct per:


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, location-restricted 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:
So in your example, school band practice in the parking lot would be a school sponsored activity and the grounds of the parking lot would become a no go for carry.

A non-school sponsored activity on a school baseball field would not meet the strict reading of the law as being prohibited. Of course you may still get arrested, charged and possibly convicted. :)
 

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