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Is a BB gun a rifle for school zone purposes?

1,103 Views | 10 Replies | Last: 13 days ago by AgGunNut
Savrola
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Taking my son for a weekend camping and was going to pick him up at school. I plan to teach him some rudimentary shooting with a B.B. gun. I want to pick him up at school and go directly. Does a BB gun count as a firearm when it comes to school zone restrictions? Obviously well hidden and unless I get stopped, it shouldn't come up, but I actually believe in following the law 100 percent.
Todd 02
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AG
Texas Penal Code Chapter 46 defines a firearm as: "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
AgEng06
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AG
The parking lot, streets, and sidewalks aren't considered as school "premises", so the prohibition of firearms don't apply here. However, you must be a legal gun owner, the vehicle must be locked (if you aren't in it), and the firearm must be out of sight.

That said, a BB gun isn't considered a firearm in Texas, but obviously it would be easiest just to keep it out of sight.

EDIT: See replies below for clarification on this post!
AgGrad99
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AG
nm
Caladan
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Just so you know --

while Texas might not consider a bb gun to be a firearm (I don't know for sure, as I've never looked into it), there are many municipalities that *do* consider a bb gun/air gun to be a firearm. College Station is a good example of this.

Yes, this is b.s.. Don't shoot me - I'm just the messenger.

C
lazuras_dc
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AG
Wow. So you don't speed or jay walk or anything ? Impressive.
AgGunNut
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AG
College Station includes BB guns as firearms under a specific ordinance. State law defines what a firearm is for purposes of state laws.
AgGunNut
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School grounds (not just inside the buildings) are included in the definition premises for penal code 46.03 which makes it illegal to have a firearm on school premises.

(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 premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary educational institution is public or private, unless:

(A) pursuant to written regulations or written authorization of the school or institution; or

(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of a postsecondary educational institution, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
AgEng06
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AG
Under 46.03(c)(4), is this not the definition of premises?

Quote:

(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.


Ok, I guess your argument is not premises, but "grounds". I can see that, and I agree that my post above didn't address that. However, I still don't believe inside his vehicle counts in this situation. Please correct me if I'm wrong.
jrb2019
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AG
Got to go to the Education Code to find this. It's ok to have a firearm in a school parking area if you have a LTC and the firearm is in a locked vehicle not in plain view.

Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school and may not regulate the manner in which the handgun, firearm, or ammunition is stored in the vehicle, provided that the handgun, firearm, or ammunition is not in plain view.
AgGunNut
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Beat me. See above for LTC

And at the end of the day, a BB gun is not a firearm by state law.
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