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Guns in cars at Sam Houston State University WITHOUT CHL
Posted: Mon Oct 13, 2014 6:43 pm
by kcatx
I know if you have a CHL you are allowed to have your firearm in your car on university property due to a 2013 law. I also know that it is legal for an 18 year old to have a legally owned handgun (a gift) in their car generally, assuming it is concealed.
My daughter goes to SHSU and when she turns 18 I would like to get her a handgun to keep in her car and apartment.
Looking at the SHSU student guidelines it states it is a violation of the rules and regulations to take a firearm on the "premises of a system component" which means structures, parking lots, garages, etc. A violation of rules and regulations doesn't imply a legal issue, just a violation of campus rules. If I am mistaken, please let me know!
I find only mention of CHL holders with firearms in their car, not non-CHL holders.
Is it legal on a campus for an 18 year old, non CHL holder to have a firearm in their car?
Further it seems correct that she is legally allowed to carry it concealed from her car to her apartment.
Re: Guns in cars at Sam Houston State University WITHOUT CHL
Posted: Mon Oct 13, 2014 7:08 pm
by Keith B
You must be a CHL to have the gun in your vehicle per the law that was changed per SB 1907 last year.
AN ACT
relating to the transportation and storage of firearms and
ammunition by concealed handgun license holders in private vehicles
on the campuses of certain institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2032 to read as follows:
Sec. 411.2032. TRANSPORTATION AND STORAGE OF FIREARMS AND
AMMUNITION BY LICENSE HOLDERS IN PRIVATE VEHICLES ON CERTAIN
CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(b) An institution of higher education or private or
independent institution of higher education in this state may not
adopt or enforce any rule, regulation, or other provision or take
any other action, including posting notice under Section 30.06,
Penal Code, prohibiting or placing restrictions on the storage or
transportation of a firearm or ammunition in a locked, privately
owned or leased motor vehicle by a person, including a student
enrolled at that institution, who holds a license to carry a
concealed handgun under this subchapter and lawfully possesses the
firearm or ammunition:
(1) on a street or driveway located on the campus of
the institution; or
(2) in a parking lot, parking garage, or other parking
area located on the campus of the institution.
SECTION 2. This Act takes effect September 1, 2013.
Re: Guns in cars at Sam Houston State University WITHOUT CHL
Posted: Mon Oct 13, 2014 8:34 pm
by kcatx
Keith B wrote:You must be a CHL to have the gun in your vehicle per the law that was changed per SB 1907 last year.
Dang, that sucks.
Thanks for the info.
Re: Guns in cars at Sam Houston State University WITHOUT CHL
Posted: Mon Oct 13, 2014 8:50 pm
by srothstein
I just want to clarify a point that some people get confused over, especially with schools. Any person, CHL or not, may have a firearm in their car on campus and they cannot be criminally charged. The referenced law makes it illegal for the school to have a policy or take administrative action (suspension or expulsion) against a person with a CHL for having a weapon in their car.
This means your daughter can have a pistol in her car on campus, and in her apartment off campus, and not fear being arrested. She may get in trouble with the school if she is caught with the pistol, but that is all. That can be enough to ruin things for her, but I wanted to make sure you understood the difference.
Also, just for technical accuracy, but the definition of premises mentioned only applies tot eh law, not necessarily the school rules. Unless they have a definition of premises written into the law, you should assume they are using it to mean the entire property and not just the buildings.
Re: Guns in cars at Sam Houston State University WITHOUT CHL
Posted: Tue Oct 14, 2014 11:21 am
by kcatx
Ah ok, so not as bad as it originally sounds then.
Thanks!