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by Charles L. Cotton
Fri May 30, 2008 4:53 pm
Forum: General Texas CHL Discussion
Topic: This makes for an interesting quandry
Replies: 16
Views: 4055

Re: This makes for an interesting quandry

[quote="ACC "Concealed Weapon Law" "]Concealed Weapons Law

To maintain the safety and security of ACC employees, students and the public, the College prohibits the possession of weapons on its property, including all ACC vehicles, at any time.

It is unlawful to carry a concealed weapon on ACC premises. A person commits an offense if, with a firearm, illegal knife, club or other prohibited weapon (Section 46.05(a) of the Texas Concealed Handgun Laws) he/she intentionally, knowingly, or recklessly enters the physical premises of ACC or other grounds, buildings or vehicles used to conduct ACC business.[/quote]

I would like to point out two things. First, the above-quoted statement on the ACC website is wrong. It is not unlawful to carry a concealed handgun on "other grounds . . . used to conduct ACC business." School grounds are off-limits only if there is a school sponsored event on-going. TPC §46.03(a)(1) [BTW, §46.05 is in the Texas Penal Code, not a non-existent "Texas Concealed Handgun Laws." Also, TPC §46.05 deals with machine guns, silencers, explosive devices, etc., not guns on school grounds.]

Since "premise" is defined to be a building or portion of a building, it is not unlawful to have it on your person, so long as you don't go into a building or on grounds where a school sponsored activity is on-going.

Secondly, Tex. Ed. Code §37.125 does not address having firearms on school property. It deals solely with intentionally exhibiting a firearm or threatening to exhibit a firearm (i.e. pulling a gun or threatening to do so) in a manner to cause alarm or personal injury. So just having it in your car or on your person does not violate §37.125. Obviously, you can't have it on your person if you don't have a CHL.

Everything I posted deals with criminal prosecution, not being fired or expelled.

Chas.

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