Prohibited? LBJ library, Memorial Museum, UT, school events?

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hillcountry
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Prohibited? LBJ library, Memorial Museum, UT, school events?

#1

Post by hillcountry »

I don't know if this is "general" or "newbie" but I'm hoping someone can help clarify if concealed carry is prohibited at the LBJ Presidential Library and/or the Texas Memorial Museum (in Austin, TX)?

1. The LBJ Presidential library, while I visited their website & tried Google but I can't tell if it's federal property, UT campus, or other. Does anyone know if CHL CC carry is prohibited at the library?

2. The Texas Memorial Museum. Correct me if wrong, but normally a museum would need to post per 30.06 to be "off limits" (to law abiding CC'ers), but after campus carry failed, I saw a number of posts saying that all buildings on the UT campus prohibited firearms including CHL CC (again, only to the law abiding of course). The Museum is located well within the UT campus, but does that make it a "school" building and thus prohibited? Can anyone clarify if the Museum would need to post if they wished to prohibit CC (and if so, is it posted), or is it already excluded as "school" property?

3. More generally, is there clarification on what constitutes a school sponsored activity anyway? And am I correct that CCing while outside on the UT campus (or other school) is not prohibited? Am I in violation of law if a school sponsored pre-game pep rally or car wash starts and I don't immediately depart? Or if you're in the city's public library (where 30.06 posting is prohibited by law) and a school group comes in on a field trip, and I suddenly in violation if I don't immediately leave?

Sorry if these are basic questions, or have been hashed out repeatedly somewhere, it's just so frustrating and seemingly unnecessarily complex. I've tried both the local search & google, but am clearly not proficient enough. And I'm clearly no lawyer, but the statues all seem to have been written for and by them. Thanks for the help.
- Hillcountry

CWOOD
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Re: Prohibited? LBJ library, Memorial Museum, UT, school events?

#2

Post by CWOOD »

Welcome, hillcountry

Nice to have you on the forum. I suspect that more answers will be forthcoming.

1. I don't know about the ownership status of the LBJ library, but unless someone else can provide definitive information, I would recommend not carrying there as the potential consequences of an incorrect choice are severe.

2. The Texas Natural Science Center IS part of the UT system and the Texas Memorial Museum is the exhibit hall of the Texas Natural Science Center...per thier website. No carry there.

3. You will find that because CHL'ers are so law abiding generally there is not a lot of case law on lots of specific situations. I think generally we are pretty cautious about going where we MAYBE shouldn't go and doing what we MAYBE shouldn't do. No one wants to be the test case that establishes case law. If one walks a fine line on the edge, there is greater likelyhood of occasionally falling over the edge where we don't want to be.

So here is my best guess and advice. If you are on a school campus (non building) and an school function begins, I would suggest immediate departure. For example, if you are jogging (while armed) on a school track and football practice begins...jog away quickly.

As to a city owned public library, while they are not actually prohibited from posting 30.06 signs, the signs have no legal meaning to a CHL'er, so it is OK to carry there.

Regarding school activities, the relevant Penal Code sections are 43.04 (PLACES WEAPONS PROHIBITED) and 43.035 (UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER). 43.03 states that it is illegal to carry on the "premises" (building) of a school...you already know this. 43.035 refers to "premisis where a high school, collegiate, or professional sporting event, or interscholastic event is taking place" would apply to the city public library. A school class field trip to a library probably would not constitute an interscholastic event. I would carry there under those circumstances. Now if they were having part of a UIL competition at the library, things would be different. Take it to the car or leave.

I hope this helps a bit. I am sure more answers will follow.

Again welcome.
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Topic author
hillcountry
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Re: Prohibited? LBJ library, Memorial Museum, UT, school events?

#3

Post by hillcountry »

Thank you for your helpful reply.

Since I was taking our visitors to both museums I went ahead and disarmed in the car.

Thanks for pointing out the information about the TNSC, I was probably just too tired after trying to search the LBJ museum to see correctly.

I still have no idea about the LBJ presidential museum, but will write them a polite letter inquiring, and will post if I get a response. I just need to ponder my language a bit to not add to my government file and avoid any taxpayer money from being wasted kicking down my door.

And sorry if I rambled or ranted about schools too much. I have two children in school, and it's still just so very frustrating and seemingly idiotic to lock a firearm in the car 4 or more times a day.

Thanks again.
- Hillcountry

hirundo82
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Re: Prohibited? LBJ library, Memorial Museum, UT, school events?

#4

Post by hirundo82 »

According to their website, the LBJ Presidential Library is administered by the National Archives and Records Administration, so they are probably off-limits under federal law (18 USC §930).

In addition, their website is on the University of Texas domain, so they may fall under the school restriction of state law as well.

All in all, a good decision to not carry.
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