law regarding vehicle carry on a private opt out college

[cclacy]

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?

[casp625]

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?

Universities can't prohibit a CHL holder from storing their firearm in their vehicle, regardless if they are a public or private university:

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.

[ScottDLS]

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?

You can carry concealed around the campus too except where they have posted 30.06. Many private colleges that have "opted out" don't post IAW 30.06.

[cclacy]

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

[ScottDLS]

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

On their website? Where does the law say that? In order to prohibit concealed carry on a campus, they must post a compliant 30.06 sign clearly visible to the public on the property they want to prohibit.

[cclacy]

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.

[ScottDLS]

I think you misinterpreted what he said. You can't OPEN carry on any college campus, but if they don't post 30.06 and you conceal and carry, what are you going to be charged with?

[cclacy]

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.

[Mike S]

I haven't listened to Charles' podcast on this yet, so I may be totally sideways on this.

I agree that TGC 411.2032 unambiguously protects the right of a LTC holder to keep a firearm in their vehicle on a private university; I'd think a non-LTC holder would retain the protection under TPC 46.02. I'll listen to the podcast tomorrow, re-read 46.02, & likely have to edit this one away when I see the error in my logic...

[C-dub]

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.

[Soccerdad1995]

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.

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.

[oohrah]

And don't confuse University policy with the law. Policy only applies to students, faculty and staff, and even then a violation is not a violation of the law (but you could be fired or suspended).

Added: as an aside - my private college has opted out by policy, but has not posted the grounds or parking lots, and has only posted a few of the buildings and the stadium. My building is not posted, but I think it is only a matter of time.

And guess what? They are posting the old pre-2016 30.06 sign

[mloamiller]

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.

[Soccerdad1995]

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.

[nightmare69]

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

As a LEO who works for a private university that has opted out, your comment is true ONLY IF you have been given effective notice under TPC: 30.06.