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by thetexan
Thu Dec 29, 2016 12:27 pm
Forum: General Texas CHL Discussion
Topic: law regarding vehicle carry on a private opt out college
Replies: 29
Views: 5320

Re: law regarding vehicle carry on a private opt out college

mloamiller wrote:If I'm understanding this correctly, all the "opt out" clause for a private university does is allow them to essentially post the entire campus as off limits, which public colleges can't do. Public colleges can post certain locations, but are specifically barred from prohibiting carry on the entire campus (411.2031).

In both cases, they still have to post the valid 30.06 signage for any prohibition to have any legal impact.
That is what distinguishes a private or independent school from others. Others may make 'reasonable' rules regarding prohibitions on campus and can not make broad stroke generalized prohibitions. Private institutions are not held to this same "reasonable rule" standard and may completely opt out entirely and generally. Once they have then made that decision their next problem is to inform the world using 30.06. And it is a problem. How does a large campus school give proper 30.06 notice that encompasses an entire campus complex (if that is what they intend to do). Answer...the same way a huge mall would do it.

Assuming signage is the preferred method, they must meet the 30.06 standards...

the signs must be compliant as to design

the signs must be conspicuously posted....(my definition of conspicuous taken from 30.05 and modified is...."a sign or signs posted in such a way that they are reasonably likely to come to the attention of the persons for which the message thereon is intended.'

the signs must be clearly visible to the public

My university, for example, is, I guess, relying on osmosis to get the word out. They have no signs but claim they have opted out. That's peachy. 30.06 says nothing about osmosis.

So a big campus would need a lot of clearly and publicly visible signs located in enough places and such a way that they would be reasonably likely to come to the attention of anyone trying to enter onto the campus with a concealed gun.

tex

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