The overall ignorance about SB11 and LTC statues amazes me. That higher-education administrators try to do what they want in spite of them does not. I'm not familiar enough with the text of HB560 yet - would it make all of this irrelevant? (EDIT: It looks like no, SB11 will remain unaffected by HB560 as introduced)
Below are my thoughts on CTC's carry restrictions, and I welcome help from all of you before I move forward. CTC's campus carry implementation page
http://www.ctcd.edu/locations/central-c ... mentation/ refers to the risk management department, so that's probably where I will send them. Most of my support comes from KP-0051 so I'll send in a copy of it as well.
• All concealed handguns brought on campus must be holstered without a chambered round and with the trigger safety mechanism engaged.
Carrying a handgun with a round chambered is a legal and common practice for both license holders and law-enforcement officers. Requiring students and employees to unholster and clear their firearm each time they enter the campus does not reduce the likelihood of a negligent discharge, but greatly increases it.
While this policy is not directly addressed in KP-0051, the attorney general does mention it in footnote 7, "You do not ask whether institutions of higher education may establish policies regarding the manner in which license holders carry on campus, such as holster requirements or policies regarding the presence of a chambered round. See Campus Carry Policy Working Group Final Report, supra note 3 at 16 (preventing license holders from carrying a gun with a chambered round, requiring license holders to carry in a holster that completely covers the trigger and trigger guard area, and requiring sufficient tension on the handgun to retain it in the holster when subjected to unexpected jostling). Analyzing such restrictions would involve whether S.B. 11 delegated to public institutions of higher education the ability to restrict the manner in which license holders carry and whether state law restrictions on the manner of carrying preempts the field of such regulations. See, e.g., S. Crushed Concrete, L.L.C. v. City of Houston, 398 S.W.3d 676, 678 (Tex. 2013) (recognizing that state law may preempt local ordinances)."
• CTCD owned, rented or leased passenger vehicles.
SB11 states, "The president or officer may not establish provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution. The president or officer may amend the provisions as necessary for campus safety." I believe it is easier to classify this policy as a general prohibition than as a provision necessary for campus safety. Employees and students traveling in school vehicles are responsible for abiding by handgun statutes along their route and at their destination regardless of SB11 or college policy.
• Sole occupant offices at occupant’s discretion
This policy conflicts with SB11 according to AG opinion KP-0051, "No provisions within S.B. 11 authorize a president or chief executive officer to delegate this authority to individual professors, and reading S.B. 11 as a whole suggests that the Legislature did not intend to allow such piecemeal regulation of handguns on campus."
• Gun free zones - Building 111, Systems Services and Building 119, Student Services.
Disability Services and Testing Services are both housed in building 111.
Academic Guidance, Registration, Transcript Services, and Graduation are all departments housed in building 119.
These departments are accessed by students on a regular basis and are considered routine and necessary to attain a degree. The state does not prohibit the concealed carry of handguns at retail outlets, financial institutions, or tax assessor-collector offices, therefore there is no reason to consider these campus buildings at risk simply because financial transactions take place within them.
• Building 120, Morton Hall residence housing is gun free with the exception of the lobby and lounge, game room and T.V. room.
This policy conflicts with SB11 according to AG opinion KP-0051, "If an institution placed a prohibition on handguns in the institution's residential facilities, however, it would effectively prohibit license holders in those facilities from carrying concealed handguns on campus, in violation of S.B. 11."