Texas Law Re: CHL on College Campuses

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KenRocks

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Although I'm not going to be around for more than a little while, in the wake of VT I had hoped to submit a few letters to the student government and a few others regarding the carrying of handguns on campus by CHL holders, but first I wanted to determine whether the carrying of arms on college campuses is a state issue or a university issue (though the university does prohibit it).

I looked through my lawbook that I got in my CHL class, and the only real references I found were in:

46.03 PLACES WEAPONS PROHIBITED
(1) On the physical premises of a school or educational institution...(etc)

46.035
(2)...on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place...

This doesnt look favorable, but does anyone else have anything to share that I've missed?
 
It's a state issue. The state of Texas has had some good laws passed in regards to concealed carry - so there is a definite possibility that a lawmaker will act to get the law changed up after what happened at Virginia Tech.
 
Right now it is still illegal to carry on a college campus. We can either act now or wait two years for the next legislative session. We are a a little late to catch this session with any new legislation; but on the plus side TSRA has an almost 100% record over the last two sessions.

If we can get TSRA to take up this cause, I think we can get it through this session.
 
Appreciate the feedback and suggestions...I'll definitely be sending a letter to TSRA.

Damn shame that I didnt become active in RKBA until a year or so ago, right before graduation time :)

--edit--

Just realized this is probably better suited to L&P, sorry mods... :)
 
Check out the definition of "premises" it means inside buildings.
... not sure where this is look in the further context of the passage I don't have my code book handy (i know i know but whatever)

You can leave your side arm in the car as long as their aren't further regulations (like you being a student and part of the student hand book says you can't have it in your car etc.)
YMMV
-DR
 
I know for certain University policy prohibits the carrying of weapons on campus, regardless. Assuming a CCW was useful stored in a car, the parking situation here is also prohibitive...its a few hundred dollars for a parking permit (per semester) and there arent many actually located on campus (most are faculty, or even more expensive). Most of the parking here is done via satellite lots and shuttle buses.
 
Actually going over the law right now.

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.02.00

Someone correct me if I'm reading this wrong, or if there is another law somewhere else that make me wrong.

It reads like you can carry concealed in schools?

46.03 generally prohibits firearms, from being carried in schools.

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
Click to expand...


46.15, means that if you have your CHL then that section doesnt apply.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:

(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
Click to expand...

Section 46.035 still applies, but...

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE

(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
Click to expand...

Only applies to sporting events?

So am I reading that wrong or what?
 
It is my understanding that you may carry on school premises WITH WRITTEN PERMISSION.


But, I ain't no lawyer.:D
 
Hm...checked my book, and its just as your said, fascist.

I want to agree with you, but I know this has to be wrong...I dont quite know how yet, but I get that feeling :)
 
O.F.Fascist

You're reading it wrong.

CHL holders are only exempted from § 46.02. UNLAWFUL CARRYING WEAPONS.

We are not exempt from § 46.03. PLACES WEAPONS PROHIBITED.

Our exemptions are covered under § 46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who: 6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to: ... exempts both sections 46.02 and 46.03, but does not apply to CHL holders. It mainly applies to police, ex-police, and security forces.
 
Yup, that's it, mdao...my codebook has a bunch of stuff omitted in the middle for "inconsistent amendments to the same provision"...that line is right next to the omissions, and I must have skipped over it.
 
If you're talking about carrying on U Texas campus, here's the skinny as told to me by the campus police:

Parking lots are considered ON CAMPUS and guns are prohibited from being left in cars on campus. They specifically mentioned garages and went on to say that it encompassed LBJ parking lot, etc as well.

You CAN get written permission from the university to carry on campus (from the dean) but unfortunately, that would still put you in violation of Texas state law.
 
If you're talking about carrying on U Texas campus, here's the skinny as told to me by the campus police:

Parking lots are considered ON CAMPUS and guns are prohibited from being left in cars on campus. They specifically mentioned garages and went on to say that it encompassed LBJ parking lot, etc as well.

You CAN get written permission from the university to carry on campus (from the dean) but unfortunately, that would still put you in violation of Texas state law.
Click to expand...

They're blowing smoke up your ass.

§ 46.03. PLACES WEAPONS PROHIBITED. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

§ 46.03. PLACES WEAPONS PROHIBITED. (c) In this section: (1) "Premises" has the meaning assigned by Section 46.035.

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (f) In this section: (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Nothing in state law mentions anything about "campus" only about "premises". If you kept to parking areas, streets, sidewalks, walkways, and the like, it's perfectly legal to have a concealed handgun on campus. Just don't enter any buildings or cut across any fields. The cops may not see it that way, but it's within your rights. Course, as a student, it's not a wise idea. It's possible that they could eject you or do any other number of academically nasty things if you are a student and kept a gun on campus.

But, if you magically get written permission from the school administration to carry on school premises, then you would not be in violation of any state laws.
 
The part that gave me pause when I first read the law was "educational institution." They went to the effort to mention it separately from "school," which I would attribute to public and private grade schools. I skimmed it again and didnt see any clarification of the word...so I'm unsure if they mean to include universities. This, and their definition of "premises" would seem to exclude carrying of weapons in school buildings regardless of any letter of permission from the Dean, though I agree with you that keeping it in your parked car seems safe...

Where am I wrong?
 
Fortunately, here in AR we've had an AG opinion clarifying the part of the CHL law regarding CC on "campus" to limit it to buildings, not the grounds per se, meaning we can at least have them in our vehicles on campus. Sounds like one of the few times AR trumps TX on gun laws. Usually, we lag TX -- like the idjits in the AR Legislature this year who let the castle doctrine bill die in committee, while TX got one!
 
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (f) In this section: (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Click to expand...

C'est interessant!
 
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