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by Charles L. Cotton
Fri Apr 16, 2010 10:08 am
Forum: Concealed Carry on College Campuses
Topic: HB 1893 and Private Institutions
Replies: 7
Views: 1965

Re: HB 1893 and Private Institutions

Tregs wrote:In searching for answers to carrying on the premises of private universities, this thread is the closest I found to an answer.

If i read it correctly, CHL'ers are not permitted to carry on any campus, public or private. Does this apply to Texas only?
My daughter will be attending a private university in Arkansas in the fall. I called their security office and asked about a parent carrying a concealed handgun on campus with Texas CHL (reciprocity state). They didn't know the answer and said they had never been asked before. I pulled up their student handbook and found this under the "prohibited items" section:

Possession and/or use of any firearm/weapon or replica of a firearm/weapon on campus.
Firearms/weapons include guns, paintball guns, pellet/BB guns, airsoft guns, archery equipment,
extraordinary knives, swords, slingshots, launching devices, and any other object that could cause
bodily harm. Any firearm/weapon brought to campus must be stored in the Public Safety Office

I realize that the student handbook applies to students, not necessarily me, but this is the only info I could find in any school produced literature that mentioned handguns. I have been on campus many times (unarmed) and have found no 30.06 signs. I don't necessarily feel the NEED to carry on campus, but I would like to be protected on the long late night drive to Arkansas and do not like the idea of having to leave the gun in my car once I arrive. My car has been broken into on several occassions so I'm always nervous when I'm forced to do this.
I don't know about Arkansas law, so I can't help there. However, Texas only prohibits carrying in school buildings, because of the way "premises" is defined in the statute.

Chas.
by Charles L. Cotton
Fri Apr 24, 2009 1:59 pm
Forum: Concealed Carry on College Campuses
Topic: HB 1893 and Private Institutions
Replies: 7
Views: 1965

Re: HB 1893 and Private Institutions

SC1903A3 wrote:So your saying that a member of the public, not a member of the university who mistakenly enters the premises of a private university that prohibits carry would not be charged unless he is told to do so and refuses to leave. Would he/she then be charged under 30.05 instead of 30.06?
I'm not sure what you are asking. It is currently illegal for anyone to carry a firearm into a school building, whether it's a public or private institution. It is not illegal to have a gun on campus outside of a building. A private school can post 30.06 signs on parking areas and other areas so as to make it illegal to carry a gun anywhere on campus. (There is a long discussion on potential ways around this, like having the gun in your truck.) A public school cannot do this.

As for TPC §§ 30.06 v. 30.05, a CHL is charged under 30.06 and a non-CHL would be charged under 30.05 and perhaps other provisions as well.

If HB1893 passes as currently written, then:
  • Public schools cannot prohibit CHL's from carrying anywhere on the campus, including buildings, with certain exceptions;
    Private schools can "opt out" making it illegal to carry in buildings ("premises"), but they cannot "opt out" for parking lots.
Chas.
by Charles L. Cotton
Fri Apr 24, 2009 1:02 pm
Forum: Concealed Carry on College Campuses
Topic: HB 1893 and Private Institutions
Replies: 7
Views: 1965

Re: HB 1893 and Private Institutions

If the bill passes in its current forum, a meeting will have to be held and both faculty and students must be given an opportunity to participate. If the decision is ultimately made to prohibit carrying, then it would apply only to the "premises" as defined to consist only of buildings or portions of buildings. The school could not prohibit students/faculty from keeping guns in their cars. It would not be necessary to post 30.06 signs; any notification would be sufficient because they wouldn't be able to prosecute.

Chas.

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