TexasCHLforum.com

Charles L. Cotton wrote:

nightmare69 wrote:

Vol Texan wrote:

nightmare69 wrote:

Bruin98 wrote:Why wouldnt they have to post a sign?

Not all schools are known? For instance, mist people dont know that U of Miami is a private school.

If I werent from Texas, I might not know Baylor is private. Not everybody is up to date on school status.

Private universities don't have to post signs for the same reasons as: ISDs, US post offices, airports, etc. It's up to you, the license holder to educate yourself. Ignorance of the law is no excuse.

Are you suggesting that instead of posting 30.06 to "opt out" of campus carry, they would have to proactively "opt in"? I may be incorrect, but I didn't think that was it.

The way I understand it is (and I'm in a hurry to type this, so please forgive my lack of lawyer-quality precision here):

• Campus Carry will be allowed on college campuses.
• Public institutions may identify some specific rules, as long as they do not generally prohibit across campus.
• Private institutions still have the right to ban outright.

If this is correct, then you're right, they don't have to post. Nobody is required to post - not HEB, nor Chucky Cheese. But if they want to prohibit firearms, then they do have to post (or use one of the other methods described for notification). Not posting enables the default position of 'carry is OK here'.

If I've got this wrong, I welcome anyone to point me in the right direction.

My university has had a couple of public forums regarding campus carry and I, a university LEO, have spoken in favor of campus carry. The last private meeting I've been too with the university's advisory board that included two attorneys who represent the university, they do not have to post signs by law. Since all other private universities in Texas have opted out or leaning towards it, mine will probably follow the same path.

I hope once they see other public universities not having issues with it then maybe they will allow campus carry in due time. I may start s thread on some of the concerns and difficulties that are preventing them from allow carry.

As of August 1, 2016, any private school that wants to ban concealed-carry and be able to prosecute people for doing so will have to post 30.06 signs. Without signs, it's just a school policy that applies to students, faculty and staff, but not to anyone else. It sounds like your school needs new attorneys.

Chas.

Tex. Gov't Code §411.2031(d-3) re rules & regulations wrote:(e) A private or independent institution of higher education in this state, after consulting with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting license holders from carrying handguns on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution.

Tex. Penal Code §46.035(a-2) re criminal offenses wrote:(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

At first they wanted to let only the staff carry but found out they could run into legal issues doing so. They either had to let everyone with e LTC carry or no one. Their biggest concerns are guns in the classroom and dorms. They are also aware of the particulars of not posting signs. The university board is not worried about the general public carrying on campus at the event center.

Storage of handguns by students is the biggest issue and the one that is causing the university to opted out.

Bruin98 wrote:SB11 disagrees with those of you saying pricate universities dont have to post.

If you have a cite for your info id like to see it.

SB11 says they have to.

If that is true then why are all the private universities around the state not posting signs and still forbidding CC? Are those hundreds of attorneys who represent said universities wrong? I doubt it.

Bruin98 wrote:

oohrah wrote:Hey everybody, please read SB11. Private universities must post 30.06 to prohibit concealed carry on campus, in buildings, or at stadiums. Sure they can put it in the employee rules, and fire me if I violate their rules, but they cannot call LEO and have me arrested, unless they post.

Both public and private institutions will have to post 30.06 to identify the places where concealed carry is not allowed - 411.2031 (d-1), and 46.035 (a-2) and (a-3).

But how many signs? A mall is effectively posted if it posts the main entrance but not the stores that allow access to the mall.

So how many signs will these private schools have to put up?

They don't have to post any.

I don't believe they are worried about the general public carrying in dorms or classrooms as other than parents helping their kids move in and out, that would be the only time the public would be allowed in those areas. If they come to visit and stay on campus, they are required to sign a document over the rules and a no firearms rule is included.

To my knowledge, no other private universities are posting signs either. If the law says they have too then I'm sure all those attorneys who represent the private universities all over Texas would have figured that out by now.

We do have an event center that is frequented by the General public and if my uni doesn't wasn't to post signs fine. If someone was spotted carrying I would kindly ask them to put the weapon in their car. The likely hood of someone be outed is slim anyway.

Vol Texan wrote:

nightmare69 wrote:

Bruin98 wrote:Why wouldnt they have to post a sign?

Not all schools are known? For instance, mist people dont know that U of Miami is a private school.

If I werent from Texas, I might not know Baylor is private. Not everybody is up to date on school status.

Private universities don't have to post signs for the same reasons as: ISDs, US post offices, airports, etc. It's up to you, the license holder to educate yourself. Ignorance of the law is no excuse.

Are you suggesting that instead of posting 30.06 to "opt out" of campus carry, they would have to proactively "opt in"? I may be incorrect, but I didn't think that was it.

The way I understand it is (and I'm in a hurry to type this, so please forgive my lack of lawyer-quality precision here):

• Campus Carry will be allowed on college campuses.
• Public institutions may identify some specific rules, as long as they do not generally prohibit across campus.
• Private institutions still have the right to ban outright.

If this is correct, then you're right, they don't have to post. Nobody is required to post - not HEB, nor Chucky Cheese. But if they want to prohibit firearms, then they do have to post (or use one of the other methods described for notification). Not posting enables the default position of 'carry is OK here'.

If I've got this wrong, I welcome anyone to point me in the right direction.

My university has had a couple of public forums regarding campus carry and I, a university LEO, have spoken in favor of campus carry. The last private meeting I've been too with the university's advisory board that included two attorneys who represent the university, they do not have to post signs by law. Since all other private universities in Texas have opted out or leaning towards it, mine will probably follow the same path.

I hope once they see other public universities not having issues with it then maybe they will allow campus carry in due time. I may start s thread on some of the concerns and difficulties that are preventing them from allow carry.

Bruin98 wrote:Why wouldnt they have to post a sign?

Not all schools are known? For instance, mist people dont know that U of Miami is a private school.

If I werent from Texas, I might not know Baylor is private. Not everybody is up to date on school status.

Private universities don't have to post signs for the same reasons as: ISDs, US post offices, airports, etc. It's up to you, the license holder to educate yourself. Ignorance of the law is no excuse.

Private universities do not have to post signs and most all, unfortunately mine will most likely also, opt out of campus carry.