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by Soccerdad1995
Thu Dec 29, 2016 10:43 pm
Forum: General Texas CHL Discussion
Topic: law regarding vehicle carry on a private opt out college
Replies: 29
Views: 5322

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

nightmare69 wrote:
ScottDLS wrote:Nothing will "legally" prevent a student or faculty member from carrying either in the absence of 30.06 compliant notice...However the probability of expulsion or termination of employment certainly exists, with the exception of firearms in vehicles in the parking areas and streets.

Our staff and students were told "no firearms allowed on university property" during the start of the year meeting in August. They all received legal verbal notice that day.
Sounds like another reason to skip any non-critical meetings. If the University had sign-in sheets, they would also be able to prove who was there. That's assuming of course that no one was able to take a bathroom break at any point during the meeting.

At least they didn't prohibit carry in vehicles (which are not University owned property).
by Soccerdad1995
Wed Dec 28, 2016 11:15 am
Forum: General Texas CHL Discussion
Topic: law regarding vehicle carry on a private opt out college
Replies: 29
Views: 5322

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.
I believe you are correct. Private Universities are like any other private property. They can restrict CC by posting signage or otherwise providing effective notice. The difference between private universities and other private property is that OC is illegal even if there are no signs.
by Soccerdad1995
Wed Dec 28, 2016 9:52 am
Forum: General Texas CHL Discussion
Topic: law regarding vehicle carry on a private opt out college
Replies: 29
Views: 5322

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

C-dub wrote:
cclacy wrote:I went back and listened to the part of the podcast concerning the subject. Charles specifically said carrying outside of buildings on public and private universities was legal before campus carry. I knew about public, and assumed about private. With Campus carry a new section was added. It's in 46.035 a-2.

(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.

This allows Private campuses to post anything (including the entire campus) which would include outside areas and entrances to the grounds.

It would only apply on the outside grounds if all entrances to the property were posted. If one passed a valid 30.06 sign, however, it's not just the Class C misdemeanor of trespass by a license holder, but it's also a Class A for a new offense UCW created in the campus carry statute.


One can (as I originally asked) carry in one's car. That addressed in Texas Government Code § 411.2032:

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 or 30.07, 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 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.


If you will notice (and Charles points this out), a person who does not have and LTC, does not have this in vehicle protection like one does (who doesn't have an LTC) in the employee parking lot bill for most employers. One (visitor, student, employee) must have an LTC to carry in a car at a private University that opts out.

Charles starts to talk about this at the 37 minute point of the podcast if you're interested.
The two highlighted portions might be important to your point.
:iagree:

According to this, they still have to give effective notice under 30.06. Either by signage, handing out cards, or verbally. Putting something on your website does not constitute effective notice. So unless the University in question posts 30.06 signs, you should be free to carry away.

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