Author Topic: Campus carry question (Texas)  (Read 1311 times)

cmill89

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Campus carry question (Texas)
« on: November 03, 2015, 05:30:28 PM »
As campus carry is becoming a hot debate topic in Texas, I have a few questions.

I am aware some private universities have the option to opt out and set their own policies, but what criminal authority do they have?

To my understanding at the state level each campus will be fair game for concealed carry with a CHL, but if a private university opts out, will it still be a felony to carry on that campus, when the public university down the street it would be perfectly legal?

Basically my question would be, what if a student goes to a certain school that has opted out, but said student feels unsafe and conceal carries anyways into that university? What criminal repercussions? Is it still a felony? Dropped to a class B, class C misdeameanor?

TexasLawShield

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Re: Campus carry question (Texas)
« Reply #1 on: November 06, 2015, 05:03:06 PM »
cmill89,

A public college or university cannot establish a general prohibition against carrying concealed by license holders. However, the president of an institution of higher education may adopt reasonable rules and restrictions for carrying a concealed handgun after consulting with students, faculty, and staff. This means that certain areas  may be off-limits to handguns as long as effective notice is given pursuant to 30.06, but the institution cannot make a universal prohibition on handguns being carried on campus.

In contrast to a public institution, a private institution of higher learning does retain the right to create a universal prohibition against LTC holders carrying handguns onto campus. If a private institution chooses to prevent LTC holders from carrying concealed handguns, it must provide proper trespassing notice under Texas Penal Code 30.06.

Currently it is a third degree felony, but when campus carry comes into effect August 1, 2016, a violation of either institutionís  concealed handgun rules and restrictions by a LTC holder is a Class A misdemeanor as long as effective 30.06 notice is given to the accused LTC holder.

Thank you for your question.