Search found 5 matches
Return to “law regarding vehicle carry on a private opt out college”
- Wed Dec 28, 2016 2:45 pm
- Forum: General Texas CHL Discussion
- Topic: law regarding vehicle carry on a private opt out college
- Replies: 29
- Views: 5030
Re: law regarding vehicle carry on a private opt out college
Thanks Charles. Small correction: you address it at 39:13 in your podcast.
- Tue Dec 27, 2016 8:53 pm
- Forum: General Texas CHL Discussion
- Topic: law regarding vehicle carry on a private opt out college
- Replies: 29
- Views: 5030
Re: law regarding vehicle carry on a private opt out college
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.
(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.
- Tue Dec 27, 2016 7:23 pm
- Forum: General Texas CHL Discussion
- Topic: law regarding vehicle carry on a private opt out college
- Replies: 29
- Views: 5030
Re: law regarding vehicle carry on a private opt out college
I'm not disagreeing with you about the signage requirements. I have also not taken the time to read the entire Campus Carry statute. Charles seemed to make it clear in the podcast, however, that one (including LTCs) can NOT carry on one's person outside of a vehicle outside of buildings on a private opt out campus. I know that before the campus carry bill, carrying outside of the buildings on campuses was legal (at least on public college campuses, maybe private). My understanding now is that it is not on private campuses. Again I may have misinterpreted what Charles said in the podcast, but I don't think so. When I get time, I'll look up the statute.
- Tue Dec 27, 2016 6:48 pm
- Forum: General Texas CHL Discussion
- Topic: law regarding vehicle carry on a private opt out college
- Replies: 29
- Views: 5030
Re: law regarding vehicle carry on a private opt out college
According to a recent Texas Firearms Coalition podcast by Charles Cotton "Where Can I Take My Gun", one can NOT carry on one's person outside on the grounds of a private University that has opted out of Campus Carry. Such campuses must post 30.06 on their website. I'm not sure of signage requirements at outside road entrances on the property. This was actually news to me. If I'm misinterpreting this from the podcast or from Rice's website, please show me where I'm wrong because I'd love to be.
https://professor.rice.edu/uploadedFile ... -Final.pdf
https://professor.rice.edu/uploadedFile ... -Final.pdf
- Tue Dec 27, 2016 6:13 pm
- Forum: General Texas CHL Discussion
- Topic: law regarding vehicle carry on a private opt out college
- Replies: 29
- Views: 5030
law regarding vehicle carry on a private opt out college
Am I correct that a visitor with an LTC (not employee or student) to a private university in Texas (such as Rice) that has opted out of campus carry may keep his or her handgun in his or her privately owned vehicle on campus roads, parking lots, or parking garages as long as it is locked inside of said vehicle?