AG Opinion: May JCs ban licensed carry if children present?

[ELB]

https://www.texasattorneygeneral.gov/op ... kp0120.pdf

The Honorable Abel Herrero Opinion No. KP-0120
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives

Question 1: Can a junior/community college prohibit handguns
in the classrooms on the college campus, if minor children may
attend classes in any or all of the classrooms on that campus?

Question 2: May handguns be prohibited during special
programs where minors will be present and in all areas where
minors are expected to appear?

Question 3: For programs that take place over several weeks
and are directed at minors (e.g. College for Kids), may handguns
be prohibited in all areas where minors may congregate?

Question 4: May handguns be prohibited on· campuses which
offer childcare centers?

AG's Summary

Pursuant to amendments made to chapter 411 of the
Government Code and chapter 46 of the Penal Code by Senate Bill
11 from the Eighty-fourth Legislature, a junior or community
college may not categorically prohibit concealed handguns from the
locations you identify due to the presence of minors. Under
Government Code subsection 411.2031 ( d-1 ), the president or other
chief executive officer of the junior or community college may
establish reasonable rules, regulations, and other provisions
regarding the carrying of concealed handguns by license holders that
accommodate the unique nature of a particular campus provided that
such rules, regulations, or provisions do not generally prohibit or
have the effect of generally prohibiting license holders from
carrying concealed handguns on the campus of the institution.

ETA:
This is from the body of the opinion, more specific as to what the law allows a junior/community college to do:

Applying these principles to your specific questions, a junior or community
college may not adopt a blanket prohibition against concealed handguns in all of its classrooms
merely because minors may attend or be present in any or all classrooms. See Tex. Att'y Gen. Op.
No. KP-0051 (2015) at 2. Nor may a junior or community college adopt a blanket prohibition
against concealed handguns at all special programs simply because minors may be in attendance.
Yet, a junior or community college is authorized to establish reasonable rules that take into account
the "nature of the student population, specific safety considerations, and the uniqueness of the
campus environment." TEX. Gov'T CODE § 411.2031 ( d-1 ). Such rules could prohibit concealed
handguns in specific classrooms and campus areas at times where there may be a congregation of
minors, as well as specific rooms where child-care services are provided, so long as those rules do
not operate to "generally prohibit or have the effect of generally prohibiting license holders from
carrying concealed handguns on the campus of the institution."

[TreyHouston]

geez, you never know what your going to get with this guy. ie, sometimes zoos are amusement parks, etc. good to see he is on our side this time. if he said the other way, we would have to disarm everytime a kid walks by....

[RogueUSMC]

http://www.breitbart.com/texas/2016/11/ ... pus-carry/

[locke_n_load]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

[gringo pistolero]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

[Janfoo]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

Couldn't have said it better myself!

[mojo84]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

Do you think campus carry would have passed with your suggestion included?

[jmra]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

Do you think campus carry would have passed with your suggestion included?

I think people often forget that getting these laws passed requires compromise. Fortunately we have a history of getting some of those compromises removed do n the road.

[MeMelYup]

It would have been nice if he would have included that same opinion on the earlier opinions for college campuses.

[mojo84]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

Do you think campus carry would have passed with your suggestion included?

I think people often forget that getting these laws passed requires compromise. Fortunately we have a history of getting some of those compromises removed do n the road.

Welcome back. Haven't seen you in a while.

[jmra]

The whole "university president's can make restrictions" thing just muddies the heck out of everything.

The law should have cut off taxing authority and state funding for any college that chose to deny 1st or 2nd Amendment rights. Letting them get public money while claiming private property rights is un-American.

Do you think campus carry would have passed with your suggestion included?

I think people often forget that getting these laws passed requires compromise. Fortunately we have a history of getting some of those compromises removed do n the road.

Welcome back. Haven't seen you in a while.

Thanks. Life has been busy this year.

[hillfighter]

What possible good can come from prohibiting adults from protecting children too young to protect themselves?