What is the statutory definition (if one exists) of "physical premises"?

[GeorgeS]

There is a debate between a neighbor and me as to what constitutes the "physical premises" of a school. He states that the lawns and sidewalks surrounding a school are included; I disagree with regards to the sidewalks (believing them to be public) but am not sure about the lawns on the periphery (not near the school entrances or playgrounds).

Ho do you folks see it?

 

[Sasquatch]

I don't think I wanna risk that particular charge to find out! Maybe an attorney in the membership could give the right answer.

 

[toddnjoyce]

TPC 46.03.

(c) In this section:
…
(4) "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.

PENAL CODE CHAPTER 46. WEAPONS

Problem solved, problem staying solved.

 

[Tex929rr]

TPC 46.03.

(c) In this section:
…
(4) "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.

PENAL CODE CHAPTER 46. WEAPONS

Problem solved, problem staying solved.

The legislature added this a few years after concealed carry became legal so that you could drop off kids and not be in violation.

 

[GeorgeS]

Thanks, I had just found that!

 

[cycleguy2300]

There is a debate between a neighbor and me as to what constitutes the "physical premises" of a school. He states that the lawns and sidewalks surrounding a school are included; I disagree with regards to the sidewalks (believing them to be public) but am not sure about the lawns on the periphery (not near the school entrances or playgrounds).

Ho do you folks see it?

For 30.06/07 it is "building" more or less, HOWEVER the TABC defines is as "property"

Just keep that in mind...

Надіслано з дому вашої мами за допомогою Tapatalk

 

[GeorgeS]

Thanks.

The discussion came about because we both walk our dogs around a school. I carried, he didn't thinking the sidewalks were part of the school premises.

 

[mdf9183]

Do the dogs carry ?

 

[GeorgeS]

Mine carries the "throwdown"

 

[Texan79423]

Thanks 1935, People everyone needs to save a copy of the Texas regulations to review, often, Do not rely on the internet for laws/rules that may compromise your future.

 

[gll]

Mine carries the "throwdown"

Now you're just talking shit...

 

[leVieux]

>

Several years back, the anti’s in New Orleans decided to try to enforce a State “1000 foot Law”.

Courts told them that they cludn’t enforce it at all until they made detaied maps of the 1,000 foot zones, so folks cloud see exactly where the zones were.

It all just died-out.

leVieux

 

[Eli]

Please note that idiotic Federal 'Gun-Free School Zone' law may apply...

Eli

 

[GeorgeS]

I gave the neighbor the citation and he is now satisfied. He even patted his pocket this morning as we passed.

Should I mention that his pocket pistol has to be in a holster?

 

[Axxe55]

I gave the neighbor the citation and he is now satisfied. He even patted his pocket this morning as we passed.

Should I mention that his pocket pistol has to be in a holster?

IIRC not necessarily if it's concealed.

 

[ZX9RCAM]

The gun I have in the pocket of my shorts, which I wear around the house/yard, is not in a holster.
Am I breaking the law?

 

[Axxe55]

The gun I have in the pocket of my shorts, which I wear around the house/yard, is not in a holster.
Am I breaking the law?

IMO, no. many times I pocket carry in my overalls pockets.

 

[popper]

Last I checked, no holster reqd for pocket carry.

 

[rotor]

Please note that idiotic Federal 'Gun-Free School Zone' law may apply...

Eli

I realize this is the permitless carry forum and technically the federal law does apply for permitless carry if within 1000 feet of a school (unless your home is there). Those with a Texas LTC are exempt in Texas. Reciprocal LTC from other states does not exempt one from 1000 feet rule in Texas. Has anyone ever heard of an arrest yet though?

 

[candcallen]

I realize this is the permitless carry forum and technically the federal law does apply for permitless carry if within 1000 feet of a school (unless your home is there). Those with a Texas LTC are exempt in Texas. Reciprocal LTC from other states does not exempt one from 1000 feet rule in Texas. Has anyone ever heard of an arrest yet though?

Yes, it's only been an additional charge on someone arrested for something else as far as I know. 5 or 6 times that I know of.

The 1990 version was found unconstitutional but minor changes appeared in a 1995 version.

Its doubtful it would withstand supreme court scrutiny and I think a repeal was introduced this year but then the texas school shooting happened.

You can go 1000 feet in some cities without a school being there.

Then add Constitutional carry but who wants to test that case.