Question about carrying and the event of a school sponsored event

This is a discussion on Question about carrying and the event of a school sponsored event within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK, so I am re-reading my TX CHL handbook this morning to double check and make sure I can carry in financial institutions (I just ...

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Thread: Question about carrying and the event of a school sponsored event

  1. #1
    VIP Member Array Paco's Avatar
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    Question about carrying and the event of a school sponsored event

    OK, so I am re-reading my TX CHL handbook this morning to double check and make sure I can carry in financial institutions (I just accepted a job for one) and I came across the section that states you can't carry at any location where a school event is being held (read museum, etc.)

    SO my question is this, suppose I take the day off and take my home schooled kids to the museum for the day. Say we get there and I am unaware of any school sponsored event, am I in the wrong (Providing there is not already a 30.06 posting) for carrying? What am I compelled to do if we round a corner and I see a school tour?

    The wording in the statues indicate "A person commits an offense if the person intentionally, knowingly, or recklessly possess or goes with a firearm..."

    I am leaning towards the thought that if I come in contact with a school group it is kind of obvious and that at that point I should excuse myself to go lock my firearm in the COM safe in the car.

    Thoughts???
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  3. #2
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    I see it the way you do. Once you know there is a school sponsored event there, you are obligated to follow the regulations and get rid of your gun.

    I have never dealt with the home schooled thing, but have a question for you. You take the day off work and take your child to the museum. Since this is taking place during what would normally considered the school day, you are contributing to his/her education. Are you now in violation of the law? Is this trip to the museum considered a "school sponsored" field trip?

    As I said, I have never dealt with home schooling so I have no idea.

  4. #3
    VIP Member Array Paco's Avatar
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    Quote Originally Posted by archer51 View Post
    Since this is taking place during what would normally considered the school day, you are contributing to his/her education. Are you now in violation of the law?
    Nope, Texas is the BEST state to live in for home schoolers. We have to teach English, Reading, Math, and Good Citizenship; anything over that is extra. So taking our kids to the museum can be art class, history class, even math (depending on what kind of museum it is). We have studied Earth science at the beach before, hermit crabs and sea walls are awesome for teaching kids.

    We have even gone to "Homeschooler Day" at Six Flags over Texas. How much math do you think we were able to teach our kids when we handed over a $20 and got some hot dogs and drinks? That would be $20 minus $15, gives us $5 back. I could even teach my kids about physics and engineering, roller coasters are cool for that as you get the engineering of the coaster and the physics of all your change falling out of your pockets when you are upside down.

    As far as my trip with my kids to the museum, or where ever, being a school sponsored trip would have to be argued in the courts as I interpret that to mean public school only. We are considered a private school, and as the "Headmaster" I have given myself and my Wife permission to carry in defense of our students.
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    IMO you're ok if you're in the museum and a field trip appears in the museum (translation: I as an officer wouldn't touch this)

    your scenario is something that could easily happen and I've not heard anything about case law/court case with an incident like this

    this is yet another one of our firearm/CHL laws that are ridiculous

    Quote Originally Posted by Paco View Post
    as the "Headmaster" I have given myself and my Wife permission to carry in defense of our students.
    there you go, you're covered under law
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    I don't think I would worry about it in the situation that you described. If we start down that road it never ends. Some examples: You stop for a burger at McDonalds and a school bus pulls up while you are eating, do you stop your meal and leave? You are filling up your vehicle and a school bus oad of kids makes a restroom stop, do you stop filling your tank and leave?
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    VIP Member Array tns0038's Avatar
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    I would not worry about it.

    Unless it’s on campus, I never do.

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    If my understanding is correct, you were not at/in a school. If you happen to be in a legal place to be (armed), and a school field trip stops in, you're still not in/at a school.

    In FL this would not be a problem.

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    I would think that since you aren't at a school and you aren't part of their group that you'd be ok. Just because a field trip shows up somewhere doesn't transform every place into a school. If you went with them or to a football game or something it would be different.

    Then again, what do I know ?

  10. #9
    VIP Member Array farronwolf's Avatar
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    I think your reading too much into it.

    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;

    The reason I say that is that the school is not sponsoring the museum. They are simply there for a field trip. If the school had rented the facility for the day or something of that nature and then you were attending that function you would have to disarm before entering.

    If your read was correct then you would be prohibited from carrying on a public street on a day that the school band was marching in a parade. I don't read the code that that is the case. It is an activity for the school but it is not a school sponsored event.
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    Member Array tflhndn's Avatar
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    While I agree that simply because a school field trip shows up at the museum, doesn't mean you have to disarm. On the otherhand, I think the law would say that you could not be a chaperone for the field trip and be armed despite not being on campus....

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    I think you can look at this section:

    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):

    It says KNOWINGLY or INTENTIONALLY... What was your intent when you went to the museum? You did not knowingly or intentionally enter into that facility knowing there was a school sponsored event. Of course, I might worry about your aim if you couldn't see the big yellow buses in the parking lot when you pulled up! :-)
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    Quote Originally Posted by tflhndn View Post
    While I agree that simply because a school field trip shows up at the museum, doesn't mean you have to disarm. On the otherhand, I think the law would say that you could not be a chaperone for the field trip and be armed despite not being on campus....
    I would think you are right on that one.
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    This kind of vague wording is unnecessary, but comes from the "it's for the children" crowd...and is very irritating. It needs to go away. After all, don't kids go to McDonalds? Grocery store? Gas station?
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    Member Array ChiWeiSz's Avatar
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    I'm in agreement with farronwolf. You are reading to much into it.

    You are not allowed to carry on the "premises" of a school (that was defined as buildings, and overhangs of those buildings. Or at high school sporting events.

    As a license holder - you are allowed to have it on you, while in your vehicle picking up your children - or locked in your car in the parking lot, while you go in to pick up your children - as the parking lot is NOT considered "premises".

    As for the specific scenario: a schoo field trip to the Museum. Is the school sponsoring the enitre Museum - and then "allowing" non-school people to also attend? Or is the Museum itself sponsoring the school to attend for purposes of educating the students? Big difference.

    The Museum is allowing a school class to come for a special field trip - but that DOES NOT make the Museum a "school sponsored function".

    As long as you are carrying in a legal place, doing your own thing - I wouldn't worry about it.
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    VIP Member Array deadeye72's Avatar
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    +1 to what farronwolf said. The class is there on a field trip not sponsoring the museum.
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