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Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 11:58 am
by rider
I remember in class defining premises with regard to high school/middle school. But does the same concept apply to a college campus?

Can I carry around the buildings, just not inside them? Rarely am I on campus and not in buildings, but I'd like to be sure anyway. Ran a search but didn't find my answer - probably b/c it's obviously 'yes'.. I hope.

Also, b/c UNT is a state funded school, they can't have a policy that would expell me from school if carrying, even though it wouldn't be an illegal act (assuming the answer to my previous question)?

Thanks.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 12:28 pm
by pedalman
Since you are a student, you might start here:

http://www.unt.edu/csrr/student_conduct/misconduct.html" onclick="window.open(this.href);return false;

The pertinent part (albeit vague):
Use or possession on campus of ammunition, firearms, explosives, or other objects that are dangerous or flammable or that could cause damage by fire or explosion to persons or property. Firearms are prohibited in or on any portion of buildings, grounds or parking lots except as allowed under Subchapter of the Texas Government Code. Felony status and penalties for breach of state law apply.

Notice that they don't cite the specific subchapter of the TGC. They don't want to give us stupid CHL holders any hint to the section of that code. ahem...cough...Chapter 411, Subchapter H...cough....

Texas Penal Code 46.035 will define premises for you:

http://tlo2.tlc.state.tx.us/statutes/do ... #46.035.00" onclick="window.open(this.href);return false;

In my case, I am a college employee. I can't be arrested for having my sidearm locked in my vehicle on a college parking lot, but I could be fired.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 12:33 pm
by Charles L. Cotton
The narrow definition of "premises" found in TPC §46.035(f)(3) applies only to locations that are statutorily off limits pursuant to either TPC §§46.03 or 46.035. That definition does not apply to private property.

A state supported school can expel or fire someone for violating their firearms policy, even if you have not violated a criminal statute. Hopefully, this will change in 2009.

Chas.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 12:35 pm
by DoubleJ
...just stay out of Cool Beans. Course with the Flying Tomato being demolished, ain't much of a reason to go down to Fry Street anymore...

wonder what happened to Mr Chopsticks.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 12:48 pm
by rider
Wow. Thanks for the quick response. So from what I understand..

I can't carry in building or a portion of a building. But I can carry around campus. Also, if it was discovered I was carrying, I would not be violating any school policy as long as I'm conforming to TGC.

Cool Beans ain't bad. I like The Tavern more.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 1:13 pm
by AggieC05
rider wrote:Wow. Thanks for the quick response. So from what I understand..

I can't carry in building or a portion of a building. But I can carry around campus. Also, if it was discovered I was carrying, I would not be violating any school policy as long as I'm conforming to TGC.

Cool Beans ain't bad. I like The Tavern more.

While yes you would not be violating a criminal law, you would still be breaking school code, for which they could expel you (assuming you are a student)

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 1:31 pm
by DoubleJ
long as you aren't carrying into the Tavern, either!
or RipRocks, or Lucky Lou's, or Dan's, or Dusty's, or R Bar....

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 2:19 pm
by rider
AggieC05 wrote:While yes you would not be violating a criminal law, you would still be breaking school code, for which they could expel you (assuming you are a student)
But from the school rules..

"Firearms are prohibited in or on any portion of buildings, grounds or parking lots except as allowed under Subchapter of the Texas Government Code." Underline added.

I'm allowed to carry under that code, so the exception applies to me, and I can carry everywhere but the premises. Do employees of the school have a different rulebook?

Very possible I'm reading this wrong, please correct me. I don't want expulsion two months from graduation.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 2:33 pm
by LarryH
rider wrote:
AggieC05 wrote:While yes you would not be violating a criminal law, you would still be breaking school code, for which they could expel you (assuming you are a student)
But from the school rules..

"Firearms are prohibited in or on any portion of buildings, grounds or parking lots except as allowed under Subchapter of the Texas Government Code." Underline added.

I'm allowed to carry under that code, so the exception applies to me, and I can carry everywhere but the premises. Do employees of the school have a different rulebook?

Very possible I'm reading this wrong, please correct me. I don't want expulsion two months from graduation.
With two months to graduation, don't take any chances, especially since the rulebook "accidentally" omitted the Subchapter number. The school administration would probably expel you on the spot and by the time you got everything sorted out (assuming you won, which isn't guaranteed), you'd likely have to repeat this term's classes, and wouldn't graduate until this time next year. Ain't worth it, dude.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 2:44 pm
by Charles L. Cotton
rider wrote:
AggieC05 wrote:While yes you would not be violating a criminal law, you would still be breaking school code, for which they could expel you (assuming you are a student)
But from the school rules..

"Firearms are prohibited in or on any portion of buildings, grounds or parking lots except as allowed under Subchapter of the Texas Government Code." Underline added.

I'm allowed to carry under that code, so the exception applies to me, and I can carry everywhere but the premises. Do employees of the school have a different rulebook?

Very possible I'm reading this wrong, please correct me. I don't want expulsion two months from graduation.
The Texas Government Code does not deal with whether or not you can carry on school grounds or "premises." This is covered in the Texas Penal Code. While CHLs are issued pursuant to Texas Government Code provisions, they do not deal with carrying on school grounds or premises.

Additionally, the quoted portion of the "school rules" doesn't even cite which subchapter, so I have no idea what it means.

Chas.

Re: Can carry in parking lot.. what about around campus? UNT..

Posted: Tue Sep 30, 2008 2:56 pm
by pedalman
Charles L. Cotton wrote:Additionally, the quoted portion of the "school rules" doesn't even cite which subchapter, so I have no idea what it means.

Chas.
Exactly. Hence my snide observation I previously made about that. ;-)

It seems that Texas colleges and universities throw "gun regs" around, like so many meadowmuffins.