SB11 & HB910 This week....

[Jumping Frog]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

[Vol Texan]

Some here have worked hard, and all of have suffered long, throughout this Legislative Session. While we still have one major goal left, to wit: pass campus carry, I'd like to suggest another goal we can collectively reach without the help of our legislators in Austin.

As long as I've been on this site I have never noticed a thread get to one hundred pages. That goal is within our grasp now! I suggest that before the clock runs out tomorrow night we band together to achieve that milestone!

C'mon, CHL'ers, we can do it!!



(Just a little levity to end a fairly successful the session.)

May have to look a bit harder: /viewtopic.php?f=83&t=53427

[juno106]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

[cprems]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

Mr. Cotton, can you clarify this please.

[Outnumbered]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

I was wondering the same thing. I hope Charles can clarify.

[WildBill]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

I was wondering the same thing. I hope Charles can clarify.

I think it will depend on what and if the colleges decide to do anything.

[thechl]

Some here have worked hard, and all of have suffered long, throughout this Legislative Session. While we still have one major goal left, to wit: pass campus carry, I'd like to suggest another goal we can collectively reach without the help of our legislators in Austin.

As long as I've been on this site I have never noticed a thread get to one hundred pages. That goal is within our grasp now! I suggest that before the clock runs out tomorrow night we band together to achieve that milestone!

C'mon, CHL'ers, we can do it!!



(Just a little levity to end a fairly successful the session.)

May have to look a bit harder: /viewtopic.php?f=83&t=53427

Dang, I missed that whole discussion. Must have been....well, who knows.


But Jumping Frogs point is much more serious. The upcoming discussing on that issue will be interesting!

[juno106]

Wanna make any bets on UT and Adm McRaven, especially with any purported "health" related institution?

I think it will depend on what and if the colleges decide to do anything.

[G.A. Heath]

Right now, before SB11, I can carry on any college premises, meaning parking lots and grounds, of every "institution of higher learning". I am only forbidden to carry within a building.

The conference report linked above (unless I misread it) now give the college the authority to create rules that forbid me from carrying on the parking lot and grounds in return for a theoretical right to carry in buildings only on campuses that decide to allow me that privilege.

Unless I am mistaken, this is a major step backwards, not forwards.

TPC46.035(f)(3): "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.

The campus can create rules overriding where concealed carry exists currently, however those rules can not be used to create a defacto ban against concealed carry.

[viking1000]

I had to turn off my computers to much lightning up here in the Hill Country..
Just got back on line .

[viking1000]

There must be some intense arm twisting going on ..

[srothstein]

I do not see this as a step backwards. The conference committee bill does allow for public institutions to ban in some areas, but not to create a defacto ban. This means that some parts of the campus MUST be allowed still and it must include some buildings. I do not see how any regulation could be written to ban the grounds we currently carry on while still allowing certain parts to be carried. And the regs must be widely distributed and explained to the legislature every other year, both the regs and the reasons for them.

I see this as not as good an advance as we wanted, but an advance all the same. And the reporting requirements will help us in the future because we will have their stated reasons which can be refuted. That assumes that the requirement to consult with students and faculty and the requirement for a two-thirds majority vote of the board of regents does not make it more trouble than it is worth for the school to do.

Between this and HB 910, we did not win as big as we expected to, but we did get an advance we can use as stepping stones in the future for more advances.

[TrueFlog]

The bill uses a confusing mix of the terms "campus" and "premises" - http://www.lrl.state.tx.us/scanned/84ccrs/sb0011.pdf" onclick="window.open(this.href);return false;

Regarding public colleges:
The president may establish rules regarding carry "on the campus of the institution or on premises located on the campus", and the school must post 30.06 "with respect to any portion of a premises" [411.2031 (d-1)] To me this says that the school can prohibit carry anywhere on campus (including in a private car in a parking lot) but only has to post 30.06 on premises (i.e. buildings).

Additionally, a license holder commits an offense if he carries on "a portion of a premises". [46.035 (a-3)] So while the school can prohibit carry anywhere on campus, it's only a crime if you carry into a posted building. For example, if you carry in a prohibited parking lot and get caught, you could be not be arrested but could still be expelled.

Personally, I don't see this as a step backwards. Under current law, a school can prohibit carry anywhere on campus and punish anyone who violates the prohibition (expulsion, etc.) SB11 would not change that. Under current law, it's a crime to carry into any building on any campus. Under SB11, it would be legal by default and would only be a crime if the school has declared the building off-limits and posted it accordingly.

[Charles L. Cotton]

In short:

Under SB11, Private colleges can ban carrying a handgun on their property and this is not limited to buildings. This is currently the law since private schools can use TPC §30.06. Under SB11, even private schools cannot have general policies to render all of its real estate off-limits. Therefore, this is slightly better for private schools.

Under SB11, Public colleges can create rules against carrying handguns on all of their property that apply to students, faculty and staff. This is currently the law. Under SB11, there will be a criminal offense only for carrying in a building or part of a building. There is no offense for carrying outside of a building. This too is the current law. As with private colleges, they cannot have a global policy of making all buildings off-limits.

Neither public nor private schools can ban guns in cars in the parking lot.

We are not worse off with SB11.

Chas.

[NotRPB]

SB 11 is up in Senate http://tlcsenate.granicus.com/MediaPlay ... ent_id=929" onclick="window.open(this.href);return false;