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Can I carry...

Posted: Thu Dec 01, 2005 4:03 pm
by stdnrs12
On my college campus? I go to school at Sam Houston in Huntsville, and after some night classes, it sure would be nice to have a gun while I'm walking through those big parking lots and dark walkways on campus. I don't see any 30.06 signs anywhere, and there aren't even any "no guns" signs. It says in the schools by-laws that they don't like weapons on campus, but I'm sorry, if it's not specifically prohibited, I'm gonna carry, that is, if I can do it legally.

So any CHL instructors out there, I sure could use your help.

Nick

Posted: Thu Dec 01, 2005 5:23 pm
by Paladin
Can't legally carry in the buildings or at outdoor games and such.

Parking lot should be fine. Not sure about on campus parking garages?

Posted: Thu Dec 01, 2005 6:36 pm
by stdnrs12
I'm not worried about parking garages... but still, I know I can have the gun in the car... but a gun in the car doesn't really help me if I'm assaulted on campus. So, what's the protocal? I mean if I can't carry in the buildings, then I can't carry to my late night class, because obviously, it is IN a building. But then when I leave class and I'm walking through campus back to my car, or my apartment, what am I supposed to protect myself with? Hopes and dreams? I guess I'll ask UPD if they can gaurantee my safety and if they can't then I'll go at it with them about liscencees carrying on campus.

Nick

Posted: Thu Dec 01, 2005 7:24 pm
by Stupid
Don't you know there is a thing called "law" that you can read? You do know how to read, right?

I love this attitude that you guys have used when answering my questions. *haha

Posted: Thu Dec 01, 2005 7:43 pm
by HighVelocity
Stand-by for the ban hammer.

Posted: Thu Dec 01, 2005 8:09 pm
by Stupid
To answer your question, no, you cannot carry a gun in school. No, the UPD is not responsible for your damage/harm. Even the law says it is fine to have guns in your car which is parked in parking lot, I would question that practicability too. Are you going to disarm yourself every single time before you step out of your car? What if some students see you doing that - display the firearm?

To be perfectly legally, I would not carry a gun on or about me when driving to any school.

§ 46.035(f)(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."

§ 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 . . .

Posted: Thu Dec 01, 2005 9:03 pm
by jimlongley
Stupid wrote:Don't you know there is a thing called "law" that you can read? You do know how to read, right?

I love this attitude that you guys have used when answering my questions. *haha
Since you have obviously not read it, in your case it's good advice.

Posted: Thu Dec 01, 2005 9:18 pm
by txinvestigator
stdnrs12 wrote:I'm not worried about parking garages... but still, I know I can have the gun in the car... but a gun in the car doesn't really help me if I'm assaulted on campus. So, what's the protocal? I mean if I can't carry in the buildings, then I can't carry to my late night class, because obviously, it is IN a building. But then when I leave class and I'm walking through campus back to my car, or my apartment, what am I supposed to protect myself with? Hopes and dreams? I guess I'll ask UPD if they can gaurantee my safety and if they can't then I'll go at it with them about liscencees carrying on campus.

Nick
Ignore Stupid, he is our pet troll and someone forgot to close the gate.

I agree that it is illogical that you would have to leave the gun in the car; however, you do.

Your college student guide should have safety tips for safety on campus, or contact the campus PD. Pepper Spray is always an option for you.

I am pretty active in my daughter's school, and I secure my firearm in the car all of the time. Its just the way it is for now.

Posted: Thu Dec 01, 2005 9:31 pm
by stevie_d_64
Stupid wrote:To answer your question, no, you cannot carry a gun in school. No, the UPD is not responsible for your damage/harm. Even the law says it is fine to have guns in your car which is parked in parking lot, I would question that practicability too. Are you going to disarm yourself every single time before you step out of your car? What if some students see you doing that - display the firearm?

To be perfectly legally, I would not carry a gun on or about me when driving to any school.

§ 46.035(f)(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."

§ 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 . . .
All of a sudden you are full of advice...When this morning you were discussing things from a standpoint of desiring a blessing for your questionable positions and lack of knowledge...

Now you come across as an all knowing, and all seeing madji...All in less than 12 hours...Thats pretty good...

Man, I'm glad I don't know it all...I couldn't take the pressure...

Posted: Thu Dec 01, 2005 9:48 pm
by Charles L. Cotton
Stupid wrote:Don't you know there is a thing called "law" that you can read? You do know how to read, right?

I love this attitude that you guys have used when answering my questions. *haha
Reread the Forum Mission statement in the Site Announcements Section.

Chas.

Posted: Thu Dec 01, 2005 9:58 pm
by Stupid
Chas, I would also appreciate that you tell these very same words to some of the members here. The way they treated me, a member who is sincerely interested in how the law is being interpreted, is not in accordance with your Site Announcements.

I was merely mocking those people here. If there's any hard feeling for stdnrs12, I appologize.
Charles L. Cotton wrote:
Stupid wrote:Don't you know there is a thing called "law" that you can read? You do know how to read, right?

I love this attitude that you guys have used when answering my questions. *haha
Reread the Forum Mission statement in the Site Announcements Section.

Chas.

Posted: Thu Dec 01, 2005 11:31 pm
by stdnrs12
Fellas I appreciate the defense from the troglodyte but I can handle it myself. I'm pretty adept at it from another forum I moderate.

http://www.shotgunworld.com in case you guys are interested... On there my name is phideaux_2003

Buddy... I'm 21 years old, and I've had my concealed carry permit for all of 12 days, ok? Pardon me for not knowing all the ins and outs yet... but as you quoted above...

46.03 states that one cannot carry "a weapon into a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being conducted,"

This applies to universities correct? Now... what you have quoted is directly from the Texas Penal code, I want to see the statues that regard a liscenced individual's rights to carry of a weapon into an eduactional institution. As we all know, the laws are different for a liscencee and a civilian.

So rather than denouce my ignorance on the subject, I'd appreciate it if, A: you either helped me out, or B: kept your trap shut.

Thank you and have a pleasent tomorrow.

Nick

And I'm a 3rd year Criminal Justice major... I'm well aware of the Texas Penal code brother.

NRS

Posted: Thu Dec 01, 2005 11:49 pm
by stdnrs12
See this is what I'm talking about...

http://www.texasshooting.com/TexasCHL_F ... php?t=1187

Nick

Posted: Fri Dec 02, 2005 12:10 am
by mschadt
Unfortunately, there is no definition of “school� in the CHL laws. So school could mean anything, the barber college down the street, the truck driving school off the highway, or possibly even your neighbors house if they home school their kids. This is one of the things that needs to be fixed in 2007.

[side thought]
Couldn't it also apply to your CHL class since it is an educational institution for the day? Of course that would only apply to renewals.
[/side thought]

I my case I lived in a privately owned apartment complex that was on school grounds. Private building on top of school dirt… The grey area was too dark for me. My school also has a No Weapons Policy; however, in talking to the chief of our campus police I found there was an exception to students living in “Family Housing� so I moved there. I still can’t carry to class but I can have it in my truck, and I can transport it between my truck and house.

The only exception to the law is “unless pursuant to written regulations or written authorization of the institution.� So, unless you can get the by-laws changed or talk someone of power into giving you “written authorization� you’re S.O.L.

You might also want to check your schools website by Law they have to publish their crime stats for I think the last three years. That will give you an idea of the dangers you're facing daily, and also maybe give you some leverage to help get things changed.

Posted: Fri Dec 02, 2005 12:16 am
by txinvestigator
stdnrs12 wrote:

As we all know, the laws are different for a liscencee and a civilian.


46.02 states that a person committs an offense of Unlawful Carrying Weapons if he carries a handgun, illegal knife or club on or ab out his person. 46.15 states that 46.02 does not apply to a person who has a CHL and is carrying a handgun...

46.03 is a different section that prohibits a person from carrying at a school or educational institution. There is no exception to 46.03 for CHL holders.

And just to clarify..licensees ARE civilians.