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Private U ?
Posted: Sat Feb 20, 2016 11:01 am
by Bruin98
Im at SMU today. School related trip so no gun.
I havent seen a single 30.06 sign all day. I know the buildings dont need one until Aug but this is a walking tour and no outside area is posted. Ive seen at least half the school and only the presidential library was posted.
How many 30.06 signs would a private school need? I dont think these news stories about their decision count as effective notice.
Re: Private U ?
Posted: Sat Feb 20, 2016 11:08 am
by Jusme
They don't have to post their buildings. Until August 1 the buildings are still prohibited areas. I would not make the mistake of carrying into any buildings. The outside areas are legal to carry.
Re: Private U ?
Posted: Sat Feb 20, 2016 11:08 am
by nightmare69
Private universities do not have to post signs and most all, unfortunately mine will most likely also, opt out of campus carry.
Re: Private U ?
Posted: Sat Feb 20, 2016 11:29 am
by Bruin98
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.
Re: Private U ?
Posted: Sat Feb 20, 2016 12:07 pm
by SewTexas
campus carry doesn't go into effect until next semester anyway so no carry at all until then if you're going into any buildings
Re: Private U ?
Posted: Sat Feb 20, 2016 12:21 pm
by The Annoyed Man
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.
SewTexas wrote:campus carry doesn't go into effect until next semester anyway so no carry at all until then if you're going into any buildings
This ^^^. Until Campus Carry goes into effect, you can carry concealed on the grounds of a school, but not inside any of the buildings. AFTER it goes into effect, you can carry concealed anywhere on campus, including inside buildings,
except where posted. You can NEVER open carry on campus.
Re: Private U ?
Posted: Sat Feb 20, 2016 12:23 pm
by nightmare69
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.
Re: Private U ?
Posted: Sat Feb 20, 2016 12:55 pm
by SewTexas
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.
^^this
When I travel I pour over the laws in the states I'm traveling in. If I think I might go to a church in that state I check what the law is for church carry, if I were planning a trip to a college campus I would check that law, etc. Last summer when we traveled I checked park laws for TN because that applied to our trip. A big part of carrying is education.
Re: Private U ?
Posted: Sat Feb 20, 2016 1:58 pm
by Vol Texan
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.
Re: Private U ?
Posted: Sat Feb 20, 2016 2:31 pm
by SC1903A3
I work for a private University. They have opted out, They are not posting signs. The policy will be in the student handbook and the employee handbook. The new handbooks haven't been printed yet so I don"t know what language will be used. I don't know what the repercussions are for students and employees. Bottom line where I work is students and employees can't and the general public can until they are outed and asked to leave. The local police chief told the school that his officers will not be able to arrest anyone since the University has chosen to not post the 30.06 signs.
Re: Private U ?
Posted: Sat Feb 20, 2016 2:32 pm
by nightmare69
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.
Re: Private U ?
Posted: Sat Feb 20, 2016 3:15 pm
by ScottDLS
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.
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.
Are you saying if they "opt out" after August 2016, they don't have to post signs in order to criminally prosecute you for carrying? Because that's not what Texas PC 46.03 says AFTER Aug. You can still fire an employee or expel a student, but you can't have a criminal prosecution brought against them, unless you provide notice IAW 30.06.
Re: Private U ?
Posted: Sat Feb 20, 2016 3:18 pm
by casp625
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.
Re: Private U ?
Posted: Sat Feb 20, 2016 3:35 pm
by nightmare69
I don't believe they are worried about the general public carrying in dorms or classrooms as other than parents helping their kids move in and out, that would be the only time the public would be allowed in those areas. If they come to visit and stay on campus, they are required to sign a document over the rules and a no firearms rule is included.
To my knowledge, no other private universities are posting signs either. If the law says they have too then I'm sure all those attorneys who represent the private universities all over Texas would have figured that out by now.
We do have an event center that is frequented by the General public and if my uni doesn't wasn't to post signs fine. If someone was spotted carrying I would kindly ask them to put the weapon in their car. The likely hood of someone be outed is slim anyway.
Re: Private U ?
Posted: Sat Feb 20, 2016 3:41 pm
by joe817
Found a good article on private universities opting out of conceal carry. ALL the major private colleges in Texas have opted out of concealed carry.
http://apps.texastribune.org/private-un ... pus-carry/