2008 Interim Report - Campus Security

[Charles L. Cotton]

The Speaker of the Texas House of Representatives has the authority to commission interim studies of important issues the legislature may or should address during the next legislative session. When the committee appointed to study specific issues completes it work, it issues an interim report.

An interim study was authorized for 2008. The committee was charged with a number of issues, including "Monitor the impact of current Texas laws banning the carrying of firearms by holders of concealed carry licenses on the premises of educational institutions." The committee's 2008 interim report is now available. I am attaching a copy of the report as it pertains to carrying of concealed handguns on college campuses by CHLs.

The report is factual and unemotional and it is a strong basis for supporting what has become known as "campus-carry." Chairman Joe Driver and the rest of the House Law Enforcement Committee deserve our appreciation for the work they put into this study. (Note, this was the House Law Enforcement Committee as it existed in 2007. The Committee may be markedly different in 2009.)

Chas.

[srothstein]

I just finished reading the report attached and found it to be very favorable to CHL's and campus carry.

And I wanted everyone to note that in addition to the TSRA, the NRA, and the TCHA, the Chief of Police for San Marcos testified in favor of campus carry. I think his word might have carried some weight since so many people think of police as anti-gun but would expect the three groups to testify in support. They noted that his city is home to Texas State, a fairly good sized university that would be affected.

[SC1903A3]

I like the fact that it also addresses privates universities as I work for one.

[Liberty]

Gee, If this happens I will lose my last excuse to go out and finnish getting my degree.

[NcongruNt]

Quite impressive.

[jrosto]

Thanks for posting this Charles, I appreciate it.

[seamusTX]

Thanks for bringing this to our attention, Charles, and thanks also for whatever effort you put into getting the report written, along with other TSRA members.

For those who don't want to read the whole document (which is only five pages) here's the gist of it:

• Summary of Texas laws that prohibit concealed carry on college campuses
• Discussion of federal law, which affects only primary and secondary schools
• Summary of laws of other states:
  - 23 states do not prohibit licensed concealed carry on college campuses.
  - In most such states, institutions prohibit weapons by policy.
  - Utah has an affirmative preemption law that protects the right of concealed-carry on public college campuses.
• Texas CHL holders are overwhelming law-abiding.
• Only 5% of Texas CHL holders are in the 21- to 25-year old range, meaning that few undergraduates would be able to carry.
• Recommendation: that the Legislature legalize carrying by Texas CHL holders on public and private college campuses, and preempt these institutions from prohibiting weapons by policy.

Note: The language of the recommendation implies that private institutions will not be able to ban licensed conceal carry. That will obviously be a contentious issue.

I will not be surprised if campus carry is limited to Texas CHLs, as ours is probably the most difficult to get of the shall-issue states. Some states with which we have reciprocity issue mail-order licenses.

It's refreshing to see such a report that is factual, clearly written, unequivocal, and makes such a strong recommendation.

- Jim

[seamusTX]

The individual committee members had the option of writing separate opinions. They are available here (page 92.

Rep. Alma Allen raised an objection that I'm sure will be brought up in debate: Namely, that CHL holders are not trained to handle active-shooter situations such as the Virginia Tech massacre.

There are three (IMHO) strong counter-arguments to this:

• The police are not all that good at handling massacres, either. Nearly all such lunatics commit suicide when the police arrive.
• At least three school massacres or potential massacres were stopped by armed non-LEOs.
• While school massacres are extremely rare, ordinary violent crime such as robbery and rape are frequent on college campuses; and all personnel, especially women, should have the right to defend themselves in a place where they spend so much time.

I can't dig up Dr. Allen's NRA rating, but what I can find paints her as actively anti-RKBA.

- Jim

[Liberty]

Thanks for bringing this to our attention, Charles, and thanks also for whatever effort you put into getting the report written, along with other TSRA members.

For those who don't want to read the whole document (which is only five pages) here's the gist of it:

• Summary of Texas laws that prohibit concealed carry on college campuses
• Discussion of federal law, which affects only primary and secondary schools
• Summary of laws of other states:
  - 23 states do not prohibit licensed concealed carry on college campuses.
  - In most such states, institutions prohibit weapons by policy.
  - Utah has an affirmative preemption law that protects the right of concealed-carry on public college campuses.
• Texas CHL holders are overwhelming law-abiding.
• Only 5% of Texas CHL holders are in the 21- to 25-year old range, meaning that few undergraduates would be able to carry.
• Recommendation: that the Legislature legalize carrying by Texas CHL holders on public and private college campuses, and preempt these institutions from prohibiting weapons by policy.

Note: The language of the recommendation implies that private institutions will not be able to ban licensed conceal carry. That will obviously be a contentious issue.

I will not be surprised if campus carry is limited to Texas CHLs, as ours is probably the most difficult to get of the shall-issue states. Some states with which we have reciprocity issue mail-order licenses.

It's refreshing to see such a report that is factual, clearly written, unequivocal, and makes such a strong recommendation.

- Jim

I wonder why they didn't discuss public primary and secondary schools.

[bayouhazard]

Rep. Alma Allen raised an objection that I'm sure will be brought up in debate: Namely, that CHL holders are not trained to handle active-shooter situations such as the Virginia Tech massacre.

She's right. We're not trained to absorb bullets without injury. That's why we need to be able to fight back.

Unless... ... ... Is Rep. Allen volunteering to be a human shield 24x7 for everyone she disarms?

[seamusTX]

I wonder why they didn't discuss public primary and secondary schools.

Some people (including me) think a college campus-carry bill has a better chance of passing than trying to allow CHL in primary and secondary schools.

Nearly everyone on a college campus is an adult, and they are there voluntarily. (Anyone under 18 who is in college is probably smarter than most of the professors.) It's not different from any other place of business in that respect.

I think if you simply add the words "primary or secondary" to PC §46.03, you remove colleges, universities, and all the odd kinds of schools like barber college that we speculate about.

People are bizarrely emotional when it comes to primary and secondary schools.

Part of that comes from the fact that attendance is compulsory, and the state cannot morally compel kids to be in an unsafe place.

However, it has gotten to a ridiculous level, with some parties wanting to make schools peanut-free zones (because of kids with allergies) and banning items like aspirin and scissors.

- Jim

[Zero_G]

Part of that comes from the fact that attendance is compulsory, and the state cannot morally compel kids to be in an unsafe place.

One could argue they already do by gathering them in gun-free 'killing zones'

[seamusTX]

Of course, but as long as the majority think that no-guns signs stop crime, we will be stuck with this situation.

As you know, some school districts are so irrational and phobic that they don't want their security personnel to be armed.

- Jim

[Liberty]

I think if you simply add the words "primary or secondary" to PC §46.03, you remove colleges, universities, and all the odd kinds of schools like barber college that we speculate about.

People are bizarrely emotional when it comes to primary and secondary schools.

I can live with it as far as being a stepping stone and waiting until the 82nd session. but our gradeschoolers may be the ones inthe most danger. We also should resent it because they are 100 percent tax funded.

[ELB]

I was somewhat amused? bemused? enlightened? frightened? by the report that came ahead of the campus-carry report, the one on qualifications and standards (or lack thereof) required to be a police agency in Texas.

Thirty-five definitions of "peace officer?" Over 400 one-person police departments? Eighty percent of departments have 10 or fewer officers? Some interesting statistics there.

Some kind of outside accreditation/standard/review would seem advisable -- but I am not keen on seening the International Association of Police Chiefs having their fingers in it, given that (if I recall correctly) they are institutionally opposed to armed citizens. I can't help but believe that such a position infiltrates, often in subtle ways, into the accreditation standards they espouse.

Make sure you read that part of the report also.