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Verify: Man seen carrying gun near Gloria Hicks Elementary was within his rights

Police were called, but many are asking – is what the man was doing legal?

CORPUS CHRISTI, Texas — It was a sight that sparked safety concerns for parents and caused an elementary school to go on lockdown Tuesday afternoon – an armed man walking adjacent to the campus.

It happened around 3:30 p.m. Tuesday as students at Gloria Hicks Elementary School were being released for the day, and it was all caught on cell phone video.

Police were called, but many are asking – is what the man was doing legal?

The simple answer: Yes. 3News can Verify that is true.

However, parents questioned the man's intentions and whether it was the appropriate place to exercise his right to carry.

Extra security was on hand outside of Gloria Hicks Elementary on Wednesday, just a day after video of the incident surfaced on social media. It showed the man walking across the street from the school carrying a long gun and a sidearm.

"You don't understand what a person is thinking or what they are doing, so it's not safe to do it in front of a child or in front of a school," Laura Cervantes said.

"I'm open to open carry, but across from an elementary school, where kids are 10 years old, I don't think that's fine or okay," Robert Bazaldua said.

Police said the man was making a point that he had a Constitutional right to carry protected by the 2nd Amendment and that he did not break any laws or threaten anyone at the time.

"We were there to ensure no criminal offense took place with the hopes of settling nerves," said Chief Kirby Warnke of the Corpus Christi Independent School District Police Department. "Yes, he wasn't violating any criminal laws. Generally that type of behavior is something we observe. Not sure why he was here other than to exercise his rights."

Warnke said there are a couple offenses they look at, had their been a criminal offense. One is unlawful carry, which addresses handguns.

Warnke added that the man did have a permit to carry.

Another offense could be what is called "places of weapons prohibited." According to the Texas Penal Code, premises means a building or a portion of a building, but does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking areas.

"Had he gone onto the premises and gone into the building, then he would have been violating the law and would have been arrested," Warnke said. "But he never came on our property, let alone in the building."

So 3News can Verify that the even though the man was seen carrying weapons near the school, he was perfectly within his rights to do so.

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