Is it a violation of PC 46.03 to possess a firearm in a school parking lot?

My question stems from the odd way the statute is drafted which states that its illegal to possess a gun on the "physical premises" of a school. Whereas the non-school places weapons are prohibited are just on "premises" which do not include parking lots according to the definition at 46.035(f)(3).

What's the difference between "premises" and "physical premises"??? If there is no difference, then its not illegal, under 46.03, to possess a firearm on the playground either.

I posted a very similiar Q on the Juvenile area and would like to hear what is thought.

I think if it's in the parking lot or the play ground it's UCW in a Weapons Free Zone w/makes it a SJF rather than Place where Weapon Proh. w/would be a 3rd degree? Or did I get it backwards.

I may have misread your post - You seem to be talking about someone w/a concealed permit, so I still await word from others.

JMH, I'm not talking about concealed carry license holders at all, but the definition for "premises" comes from 46.035 which deals with carry permit holders. A typical situation I'm thinking about would be a gun found in an unoccupied car which is parked in the school owned parking lot.

There have been a couple of attempts to work on this issue in the legislature, but they did not make. I sat across from Gib Lewis at one meeting, who regaled us with an anecdote about how he went to pick up a grand kid or great grand kid at school and shouldn't have to disarm before driving up to get her.

The answer to your question is "no".

PC Sec.46.03(c) uses the same definition of "premises" as PC Sec. 46.035(f)(3), which excludes a parking lot as part of a school's premises.

The problem I was having with weapons & schools was with 46.11(b). I couldn't figure out why it says you can bump it up a level if w/in 300 of a school premises, but if on the physical premises, you couldn't. I read it over and over (amazing what that can do for you) and duh, it's b/c it's already a 3rd Degree?
And this might be the whole topic and issue, but how can you be w/in 300 feet and it NOT be in a parking lot.
My last bit of confusion with this section is that 46.11 gives a different def. of premises - uses the Drug Free Zone from 481.134 - Real property and all buildings and appurtenances pertaining to the RP. Wouldn't this include the parking lot? Still would have to put it on or about his person to get UCW. So, do you have to wait for the student to go back and get in his vehicle?

I think the distinction needs to be made between the possession of a pistol and a rifle or shotgun. A UCW charge could be filed for possession of a pistol in a school parking lot but a charge could not be filed for possession of a rifle or shotgun. And for a rifle or shotgun, if there is no offense, there is no offense to enhance.

Actually, I think the law is that a tire thumper is not an illegal club. I don't like that law, but there are several cases I recently looked at. Of course, I would probably pick the m16 or grenade launcher over the tire thumper, given the choice.

My Dad always told me to never take a tire thumper to a Machine Gun/Grenade launcher fight.

I agree with Ken. We had this issue come up 9 or 10 years ago (kid with a gun used for hunting he forgot to take out of his pickup) and got ripped in the FW Star-Telegram for dismissing the case. The reporter used a quote from a prosecutor in an adjoining jurisdiction who said they prosecute these cases all the time. What the other prosecutor didn't realize was that the law had changed such that we could no longer prosecute these parking lot gun cases. Anyway, it worked out well in the end b/c the kid grew up to be a local cop who has worked his way up to investigator and seems to be doing a pretty good job on our side!

Where can I buy a tire thumper? We want to do a training about clubs.

Yeah, I did a google right after that post. Amazing how tongue in cheek all the sites are about "tire thumpers."