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.nightmare69 wrote: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.Vol Texan wrote: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.nightmare69 wrote: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.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.
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):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'.
- 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 I've got this wrong, I welcome anyone to point me in the right direction.
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.
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.