oohrah wrote:I have had a personal interest in this matter since I work on the campuses of institutions of higher education (public junior college, and private university). In trying to filter out the requirements of SB 11, I have discovered some possible conflicts in the law which I cannot resolve. I have highlighted those in RED below.
For those who are interested, here are the salient points I have gleaned:
Campus Carry Notes from SB 11
1. The Act is effective August 1, 2016, except the Act does not apply to a public junior college until August 1, 2017.
2. Both public and private institutions will have to post 30.06 to identify the places where concealed carry is not allowed - 411.2031 (d-1), and 46.035 (a-2) and (a-3).
3. 46.035 (a-1) prohibits open carry, i.e., cannot carry partially or wholly visible …; and intentionally display the handgun in plain view …
4. 46.035 (g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor. (a-1) refers to open carry on campus, (a-2) refers to private institutions posting 30.06, (a-3) refers to public institutions posting 30.06.
a. However, HB 910 appears to override this in the new Sec 30.06 (d) which makes the offense a Class C misdemeanor (a fine not to exceed $200). Does this mean even though a campus is posted 30.06, it will only be a Class C (unless asked to leave), or does 46.035(g) take precedence?
Srothstein did a good job explaining this one--the Class A misdemeanor is for violating 46.03; the Class C misdemeanor is for violating 30.06. The short answer is that carrying in a posted building on a college campus would be punishable as a Class A misdemeanor (up to a $4,000 fine, up to one year in jail, mandatory five-year CHL suspension).
b. HB 910 was passed on May 22nd, and SB 11 was passed on May 27th. Does that make any difference?
If there were a conflict, SB 11 would have precedent because it was passed most recently, but as we've already explained, there is no conflict.
5. Sec 46.035 (b)(2) no longer applies to collegiate sporting events, unless posted 30.06.
6. Sec 46.035, new (a-2) prohibits carry on “campus” of a private institution if given 30.06 notice. “Campus” is defined by 411.2031 – “Campus means all land and buildings owned or leased by …”. This is different from the current 46.03 (a) which prohibits a firearm (1) on the physical premises of a school or educational institution.
a. 46.035 (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.
b. Does this imply that now 30.06 can be used to prohibit concealed carry on the grounds, even when not being used as a school activity? This seems like a step back.
Private or independent institutions of higher education have always had the authority to post their grounds 30.06. The only thing private or independent institutions of higher education currently can't do is prohibit a license holder from having a concealed handgun in a locked private motor vehicle. That's not going to change. The only thing that is going to change on private campuses is that they will have to post 30.06 on any buildings they want to remain "gun-free."
7. It appears that the “Parking Lot Law”, 411.2032 (allows licensees to keep their firearm locked in their vehicle on campus) is not affected by any of these changes.
Any comments about the accuracy of this, or answers to my questions will be greatly appreciated.