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by casp625
Sun Feb 21, 2016 9:30 am
Forum: General Texas CHL Discussion
Topic: Private U ?
Replies: 37
Views: 6340

Re: Private U ?

Chipotle, Starbucks, and Target have publicly opted out of open carry but aren't posting any signs... Is open carry still illegal in those places? I'm sure those companies have more lawyers providing advice.
by casp625
Sun Feb 21, 2016 12:19 am
Forum: General Texas CHL Discussion
Topic: Private U ?
Replies: 37
Views: 6340

Re: Private U ?

nightmare69 wrote:
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.
Right, private universities aren't obligated to post signs come August 1st but have the option to, just like most private businesses have the option to post if they want to restrict carry. :tiphat:
by casp625
Sat Feb 20, 2016 5:47 pm
Forum: General Texas CHL Discussion
Topic: Private U ?
Replies: 37
Views: 6340

Re: Private U ?

Bruin98 wrote:I wasnt buying into this idea they dont gave to post.

My question still remains: how many signs will have to go up?

Each building? The somewhat main entrances like at a mall?
30.06 signs aren't required to be posted at each entrance, like 30.07 signs are.
by casp625
Sat Feb 20, 2016 3:18 pm
Forum: General Texas CHL Discussion
Topic: Private U ?
Replies: 37
Views: 6340

Re: Private U ?

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.
Which law says private universities don't have to post signs after August 1st?
(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.

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.

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