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My College Campus
Posted: Mon Apr 23, 2007 1:29 am
by TxBlonde
On the campus where I go we are being told that we cannot have guns on school property period. Not even if you are licensed to carry.
I believe they are wrong.
I keep mine in my truck.
Any comments. I am confused on this fact.
Posted: Mon Apr 23, 2007 3:30 am
by piro
That is unfortunately true without written permission from the governing body:\
http://tlo2.tlc.state.tx.us/statutes/do ... m#46.03.00
Code: Select all
(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;
Yes and No
Posted: Mon Apr 23, 2007 4:54 am
by Steve #1
Piro stopped reading to soon.
§ 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.
So, legally, yes you can keep it in your truck in the parking lot.
You will still be violating your school's policy and be subject to any penalties for violating that policy.
Posted: Mon Apr 23, 2007 5:40 am
by gregthehand
They can't make it illegal for you to keep it in the car, just against school policy. Just keep it concealed in your vehicle and you should be fine.
Posted: Mon Apr 23, 2007 6:03 am
by TX Rancher
gregthehand wrote:They can't make it illegal for you to keep it in the car, just against school policy. Just keep it concealed in your vehicle and you should be fine.
TxBlonde:
I agree with the above and would like to add concealed in this case also means don't tell anyone, not even on this forum...you never know who is reading your words
Don't give the school any way to find out your firearm is in your truck and good luck.
Posted: Mon Apr 23, 2007 7:35 am
by GrillKing
This applies to publicly funded schools. I believe a private school (college / univ) could still restrict based on 30.06 or oral notification.
Posted: Mon Apr 23, 2007 8:24 am
by txinvestigator
GrillKing wrote:This applies to publicly funded schools. I believe a private school (college / univ) could still restrict based on 30.06 or oral notification.
Negative. The section that restricts carry at schools is Texas Penal Code 46.03. 46.03 prohibits the carry of ALL firearms at schools. Schools are not limited under under the CHL restrictions.
_____________________________________________________________
§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;
___________________________________________________________
It is NOT restricted to publicly funded schools. In fact, PRIVATE schools are specically included.
30.06 applies only to carry under the authority of your CHL.
Since 46.03 applies to ALL firearms, and 30.06 applies only to those carried under authority of your CHL, 30.06 is irrelevant to 46.03.
A school COULD post a 30.06, but it would have no more effect than the law already 46.03.
A handgun taken from your belt and secured in your vehicle before entering a building at a school is legal.
If you are carrying under a CHL, and there is a 30.06 sign posted at the entrance to a parking lot of a PRIVATE SCHOOL you would be in violation of 30.06 to carry the weapon on or about your person on the parking lot. You could secure it before entering the lot where it is not "on or about your person". That would be no violation of 30.06.
Of course, school policy could result in your facing discipline from the school.
Posted: Mon Apr 23, 2007 9:37 am
by GrillKing
txinvestigator wrote:Negative. The section that restricts carry at schools is Texas Penal Code 46.03. 46.03 prohibits the carry of ALL firearms at schools. Schools are not limited under under the CHL restrictions.
Still Affirmative. The discussion, as I understood it, had evolved to carry (storage) in the vehicle under CHL statutes (not on 'premises' as defined in the penal code. I do understand that carry on the 'premises' is forbidden regardless of public or private, and carry 'off premises' (parking lot) is OK for CHL for public or private, except that a private school could 30.06 the lot or give verbal notice for the lot / walkways, etc.
I wasn't clear before. Is the above correct??
Thanks,
Gary
Posted: Mon Apr 23, 2007 9:39 am
by GrillKing
txinvestigator wrote:A handgun taken from your belt and secured in your vehicle before entering a building at a school is legal.
Unless the school is private and they 30.06 the lot???? that was my point (or maybe question)....
Posted: Mon Apr 23, 2007 9:53 am
by txinvestigator
GrillKing wrote:txinvestigator wrote:A handgun taken from your belt and secured in your vehicle before entering a building at a school is legal.
Unless the school is private and they 30.06 the lot???? that was my point (or maybe question)....
It appears you did not read my entire post.
30.06 applies ONLY to carry under your CHL. If you remove your handgun from being on or about your person, then you are not carrying under your CHL, and no 30.06 sign would be applicable.
A handgun in a locked glove box or trunk, etc, is NOT affected by 30.06.
Posted: Mon Apr 23, 2007 10:06 am
by txinvestigator
GrillKing wrote:txinvestigator wrote:Negative. The section that restricts carry at schools is Texas Penal Code 46.03. 46.03 prohibits the carry of ALL firearms at schools. Schools are not limited under under the CHL restrictions.
Still Affirmative. The discussion, as I understood it, had evolved to carry (storage) in the vehicle under CHL statutes (not on 'premises' as defined in the penal code. I do understand that carry on the 'premises' is forbidden regardless of public or private, and carry 'off premises' (parking lot) is OK for CHL for public or private, except that a private school could 30.06 the lot or give verbal notice for the lot / walkways, etc.
I wasn't clear before. Is the above correct??
Thanks,
Gary
The laws restricting carry at schools are not part of the CHL restrictions. That is 46.035. The laws restricting school POSSESSION are towards everyone, and fall under 46.03.
A private school Could post a 30.06 sign at the parking lot; however, that would only effect people who carry under the CHL law. If I have a rifle in my vehicle, I could leave it in the car as a rifle is not subject to 30.06.
By the same token, if I am carrying a handgun under another provision of law, like not having it on or about my person, then 30.06 would not apply to me. If the gun is locked in my glovebox, lets say, I don't NEED a CHL. It is not a violation of law to have a handgun in my locked glove box because it is not on or about my person.
I only carry under the authority of my CHL when my handgun is on or about my person AND I don't have another provision of law available to carry the gun.
In conclusion, 30.06 does not legally prevent a person from having a firearm in their vehicle at a private school., UNLESS the firearm is a
handgun and it is carried ON OR ABOUT the person.
Example; As a PPO, I can carry a concealed handgun while providing armed personal security for an individual(s). If my client needs to go to a Private school to pick up the kid, EVEN if the private school posts a 30.06 sign at the entrance to the parking lot, I can legally carry because I am carrying under the authority of my PPO; I am not carrying under the authority of my CHL.
make sense???
Posted: Mon Apr 23, 2007 10:14 am
by stevie_d_64
So if I drive with my wife over to the UofH Clear Lake campus to print some documents from the computer lab...15 minutes...
I take my firearm out of the holster while in the vehicle, secure it in my safe inside the truck, lock the truck, proceed with my business, that would not be a violation under the Texas Penal code???
Notice that I do know about 30.06, and that this institution does not need to post that notification because they are already covered under the law...But, I am not armed while inside what has been defined in the code as "premises" if I go into the building where the lab is, and am not carrying...
If I have too, I'll turn myself in, if I broke the law...
Posted: Mon Apr 23, 2007 12:12 pm
by GrillKing
txinvestigator wrote:In conclusion, 30.06 does not legally prevent a person from having a firearm in their vehicle at a private school., UNLESS the firearm is a handgun and it is carried ON OR ABOUT the person.
That's what I said, or at least what I meant, in different and more words!!!
Posted: Mon Apr 23, 2007 12:13 pm
by piro
What about campus shuttles? It mentions public transportation but then on th definition of premises it defines the building part. A campus shuttle rides on the public road ways yet is a school passenger transportation vechivle.
Posted: Mon Apr 23, 2007 12:37 pm
by GrillKing
piro wrote:What about campus shuttles? It mentions public transportation but then on th definition of premises it defines the building part. A campus shuttle rides on the public road ways yet is a school passenger transportation vechivle.
TXI quoted the Penal Code above, it mentions school transport. I belive your shuttle is a no-no....