Texas colleges could land in court over designated 'gun-free' classes

[dhoobler]

http://www.dallasnews.com/news/state/he ... -court.ece

[doncb]

What I see is colleges coming up with enough GFZ's that it becomes too much of a hassle to carry. First class is a class that allows. Second class is one that doesn't, Third is a class does. Too short amount of time between classes to go back to your car, apartment, etc to disarm so you just don't bother to carry. Landing in court or not, it will be many years before anything changes.

[Pawpaw]

What I see is colleges coming up with enough GFZ's that it becomes too much of a hassle to carry. First class is a class that allows. Second class is one that doesn't, Third is a class does. Too short amount of time between classes to go back to your car, apartment, etc to disarm so you just don't bother to carry. Landing in court or not, it will be many years before anything changes.

I agree, they will do just that. The fallout I expect (hope for?) is that the legislature gets ticked off at them trying to circumvent their intent. The result could be they pass a new law, "Campus Carry Everywhere - Suck it Up, Libtards".

[TexasJohnBoy]

I think designating specific classes as gun free is a non-starter. The premises had to be posted with effective 30.06 signage. You can't just post that and remove it all day every day.

That and it is my belief that doing so will have the effect of banning on the entire campus, specifically for the reason that carriers would have to return to their car to disarm and re-arm several times a day which may not be possible with class schedules.

I hope I'm right, but I am no lawyer.

[JALLEN]

I think designating specific classes as gun free is a non-starter. The premises had to be posted with effective 30.06 signage. You can't just post that and remove it all day every day.

That and it is my belief that doing so will have the effect of banning on the entire campus, specifically for the reason that carriers would have to return to their car to disarm and re-arm several times a day which may not be possible with class schedules.

I hope I'm right, but I am no lawyer.

Why not?

I drove into New Braunfels for the gun show this morning. At the entrance, there was a 30.06 notice on an easel. Easily set up, easily removed.

A college could make it instructor option. Each class could be open or closed, depending on the whim of the instructor, sometimes yes, sometimes no. AFAIK, the sign need not be engraved in marble at the doorway for all eternity.

[doncb]

A college could make it instructor option. Each class could be open or closed, depending on the whim of the instructor, sometimes yes, sometimes no.

Brings up a very good point. Several different profs may use the same room and while one may allow CC, another using the same room on a different day may not. The "reasonable" part would be to restrict CC in areas like labs, etc. that are essentially single use.

[jb2012]

A college could make it instructor option. Each class could be open or closed, depending on the whim of the instructor, sometimes yes, sometimes no.

Brings up a very good point. Several different profs may use the same room and while one may allow CC, another using the same room on a different day may not. The "reasonable" part would be to restrict CC in areas like labs, etc. that are essentially single use.

While yes that may be a good "compromise" I'm not really willing to compromise on this issue. We are supposed to be guaranteed by the 2nd amendment to keep and bare arms. Telling me that I don't have the capacity to carry at school vs. anywhere else is absurd. I'm not a different person after walking through the threshold of a building. That said there are only two places I would be willing to allow as a carve out zone. One being in a room with an MRI machine. Any metal object can potentially destroy these extremely expensive machines and to prevent someone forgetting to disarm before being in the room could be disastrous for the machine. The other place I would think MIGHT be a good place to "carve out" would be a health counseling center. Not trying to call you out at all, just add perspective to the conversation!

[baldeagle]

A college could make it instructor option. Each class could be open or closed, depending on the whim of the instructor, sometimes yes, sometimes no.

Brings up a very good point. Several different profs may use the same room and while one may allow CC, another using the same room on a different day may not. The "reasonable" part would be to restrict CC in areas like labs, etc. that are essentially single use.

Have you guys actually read the law????

(c) Except as provided by Subsection (d), (d-1), or (e), an institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
(d) An institution of higher education or private or independent institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.
(d-1) After consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of an institution of higher education in this state shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution. 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. The provisions take effect as determined by the president or officer unless subsequently amended by the board of regents or other governing board under Subsection

Under the law as written, allowing professors to elect to place a 30.06 sign on an easel during class would violate the requirement that the institution may not adopt rules that have the effect of generally prohibiting license holders......

So no, they cannot do that, and if they do they will be in violation of the law. If they want to exempt something they have to have a justifiable reason, and they have to define the specific room, facility or building where the exemption applies. Exempting classrooms is out of the question.

[JALLEN]

In the first place, my comment was not a suggestion of what they should do, rather an attempt to ridicule with an absurdity, a technique I employ with gratifying results elsewhere but which seems to seldom catch on here.

In the first place, I think CHL ought to be campus wide, no restriction whatsoever. In the second place, I would recoil in horror at giving individual instructors that kind of discretion, which makes a pig's breakfast out of the intent of the statute. For this reason alone, I wouldn't be surprised if some enterprising, creative nitwit at some college doesn't think this would be a good idea.

[doncb]

In the first place, my comment was not a suggestion of what they should do, rather an attempt to ridicule with an absurdity, a technique I employ with gratifying results elsewhere but which seems to seldom catch on here.

In the first place, I think CHL ought to be campus wide, no restriction whatsoever. In the second place, I would recoil in horror at giving individual instructors that kind of discretion, which makes a pig's breakfast out of the intent of the statute. For this reason alone, I wouldn't be surprised if some enterprising, creative nitwit at some college doesn't think this would be a good idea.

With the stupidity you hear coming out of campuses these days, i don't think anything would surprise me.