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Interesting Residence Conundrum
Posted: Wed May 18, 2016 7:00 am
by oohrah
My friend (who is waiting for his LTC to arrive), has recently agreed to to be a faculty in residence in a dorm at our private university that has chosen to opt out of campus carry come Aug 1st. The faculty apartment will be his permanent and primary residence for the next 3-5 years, with a private outside entrance.
So, some interesting questions. Does the campus restriction pre-empt his right to keep a firearm in his residence? However, once he receives his LTC, he would be able to keep his firearms locked in his vehicle. After Aug 1st, if the dorm is posted 30.06, but the door to his apartment is not posted, can he carry there? He is currently planning to have campus PD store his guns for him.
Re: Interesting Residence Conundrum
Posted: Wed May 18, 2016 8:34 am
by RPBrown
IMHO, and IANAL, I think if the dorm was on campus, and the school did not allow campus carry, he is out of luck.
Re: Interesting Residence Conundrum
Posted: Wed May 18, 2016 9:44 am
by TangoX-ray
In his residence and only his residence, as far as the building is concerned? The private entrance is interesting here.
Re: Interesting Residence Conundrum
Posted: Wed May 18, 2016 8:24 pm
by oohrah
TangoX-ray wrote:In his residence and only his residence, as far as the building is concerned? The private entrance is interesting here.
The apartment is on the ground floor of the larger dorm building, but it has its own private outside entrance, and cannot be accessed from the rest of the dorm building.
Re: Interesting Residence Conundrum
Posted: Thu May 19, 2016 8:38 am
by TangoX-ray
His door would have to be posted 30.06 separately for him to not be able to carry, because it cannot be accessed from the area that is 30.06 posted (the dorm).
Barring of course, the language for 30.06 being in his lease or provided to him otherwise.
Re: Interesting Residence Conundrum
Posted: Thu May 19, 2016 9:08 am
by Pariah3j
TangoX-ray wrote:His door would have to be posted 30.06 separately for him to not be able to carry, because it cannot be accessed from the area that is 30.06 posted (the dorm).
Barring of course, the language for 30.06 being in his lease or provided to him otherwise.
Do the private campuses that op out have to post 30.06 ? And 30.06 does not have the requirement to post at every entrance so I don't believe they would have to post it to prevent him from carrying in the building under LTC. Dorms are different then other rental properties, but I wonder if it being his residence that he has control over might allow him to carry it in his room.
Re: Interesting Residence Conundrum
Posted: Thu May 19, 2016 11:47 am
by casp625
Pariah3j wrote:TangoX-ray wrote:His door would have to be posted 30.06 separately for him to not be able to carry, because it cannot be accessed from the area that is 30.06 posted (the dorm).
Barring of course, the language for 30.06 being in his lease or provided to him otherwise.
Do the private campuses that op out have to post 30.06 ?
Yes
Text of subsection effective on August 01, 2016
(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.