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Texas Campus Carry, I'm Confused

DustoneGT

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I remember hearing a while back that CCW holders would be allowed to carry to college, but I couldn't remember what ever came of that.

One source said that section 46 of the penal code made it a class 3 felony, and I found language in 46.03 that could be interpreted that way. But, looking at 46.15, it said 46.03 doesn't apply to people with a CHL.

So what's the deal?

Is there some other law I'm not aware of?
 

DustoneGT

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I'll second that

Citation would definitely be nice. Whether it's state law or school policy makes a difference.

And if so, does that apply to buildings?
 

MatieA

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This is something that I have been researching also as I will be going with my daughter to visit a college in Texas this November and can't make any sense out of the laws about carrying on college/universities. If someone here could help enlighten the OP and myself I'm sure we'd both appreciate it.
 

KBCraig

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Anyone who may legally carry (concealed on one's person, or concealed in one's motor vehicle), may also do so on any college campus in Texas, UNLESS:
1. The campus is private property, AND
2. The campus is posted with proper PC30.06 notices.

Even then, the notices only apply to CHL holders, not unlicensed people legally carrying in their cars. (There is no case law that I know of about posting parking lots or private streets in a way that applies to non-CHLs.)

Important definitions:
1. "On campus" means the physical grounds. Carrying in the "premises" is prohibited, but "premises" is defined as buildings, excluding parking garages. Sporting events are also prohibited.
2. "May legally carry" is not the same as "May carry without consequences". Students and employees can carry legally; they can't be prosecuted, but they can be expelled or fired.
 

MatieA

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Thanks for the information; reading most ordinances and/or laws in various states tends to give one a headache trying to sort out the mumbo jumbo and get to the meat. So as you are more versed in Tx law than I, let me pose a question to you (KBCraig):
If I have a conceal carry permit that Tx honors, and a letter from the Dean of a private college stating that I may carry on campus, would I then be legal by Tx state law?
I realize that this may sound like a juvenile question, but I feel like I am banging my head against a wall trying to figure this out; Texas like many other states does not make it's laws to be easily read by those law-abiding citizens that need to read them :) or maybe I'm just not that smart :)
 

KBCraig

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Thanks for the information; reading most ordinances and/or laws in various states tends to give one a headache trying to sort out the mumbo jumbo and get to the meat. So as you are more versed in Tx law than I, let me pose a question to you (KBCraig):
If I have a conceal carry permit that Tx honors, and a letter from the Dean of a private college stating that I may carry on campus, would I then be legal by Tx state law?
I realize that this may sound like a juvenile question, but I feel like I am banging my head against a wall trying to figure this out; Texas like many other states does not make it's laws to be easily read by those law-abiding citizens that need to read them :) or maybe I'm just not that smart :)

The answer is right at the start of PC 46.03:

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;


A letter from the dean would certainly count as "written authorization of the institution".
 

MatieA

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duh, ok, I'm going to claim that I was brain-dead and just didn't see that. not gonna admit to reading over it. No way no how!!
:D

Thanks, looks like I am good to go then!!
 

rodbender

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Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
Sec.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;

(1)"Premises" has the meaning assigned by Section
46.035.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(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.

Any CHL holder can carry on campus, but can't carry in any of the buildings. 30.06 doesn't apply. Don't do it.
 
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