Who/where is covered in the new SB version of Campus Carry?

Discussions about relevant bills filed and their status.

Moderator: Charles L. Cotton

User avatar

terryg
Senior Member
Posts: 1719
Joined: Sat Jul 03, 2010 12:37 pm
Location: Alvin, TX

Re: Who/where is covered in the new SB version of Campus Car

Postby terryg » Thu May 12, 2011 12:06 pm

MeMelYup wrote:Pls change allow to require, because CC would be allowed with a letter from the administration.


Good point!
... this space intentionally left blank ...


BrianSW99
Senior Member
Posts: 659
Joined: Wed Apr 01, 2009 9:51 am

Re: Who/where is covered in the new SB version of Campus Car

Postby BrianSW99 » Thu May 12, 2011 10:12 pm

srothstein wrote:I agree. From the referenced definitions it would appear that nothing in the bill applies to private colleges or universities. While they have the ability to opt in, as they do under the current law, they are off limits if they just do nothing. This is something we need to work on in two years - unless the decriminalization bill passes also.

But, while I support this bill and think it is an improvement overall, I do want to point out that it answers a question that might not be answered how we want. Right now, schools is not a defined term. A school hospital (say UTHSC) may be a hospital or it may be a school and we cannot tell from the law. If you were caught carrying there right now, you could make a good argument that it was not illegal unless they posted a 30.06 sign. This bill pretty much eliminates that gray area and makes it black. To be included the way it is written, the hospital IS part of the school and carry is expressly not allowed there.

I just wanted others to think about this and see if they agree with me. It kind of comes under the heading of every silver lining has a cloud.


I heard from Rep. Driver's office today that the wording regarding university hospitals was intentional and necessary to get enough support in the Senate. The staff member also said they plan to accept that language in the House and won't try to change it.

Brian


RPB
Banned
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: Who/where is covered in the new SB version of Campus Car

Postby RPB » Thu May 12, 2011 10:54 pm

BrianSW99 wrote:
I heard from Rep. Driver's office today that the wording regarding university hospitals was intentional and necessary to get enough support in the Senate. The staff member also said they plan to accept that language in the House and won't try to change it.

Brian

:clapping: :hurry:

Could be better, but at least many more places won't be illegal .. I'd hate to have to go to Virginia Tech, where it isn't illegal ...
I'm no lawyer

"Never show your hole card" "Always have something in reserve"

User avatar

tbrown
Senior Member
Posts: 1546
Joined: Thu Mar 17, 2011 4:47 pm

Re: Who/where is covered in the new SB version of Campus Car

Postby tbrown » Fri May 13, 2011 8:20 pm

Can this be fixed in the house to apply to all college campuses?
sent to you from my safe space in the hill country


BrianSW99
Senior Member
Posts: 659
Joined: Wed Apr 01, 2009 9:51 am

Re: Who/where is covered in the new SB version of Campus Car

Postby BrianSW99 » Fri May 13, 2011 8:39 pm

tbrown wrote:Can this be fixed in the house to apply to all college campuses?


No, it private universities wouldn't be germane to the bill it's attached to. I think we'll be doing good to get it through the house without having what we already have stripped off.


JKTex
Senior Member
Posts: 368
Joined: Thu Jan 21, 2010 11:28 am
Location: Flower Mound

Re: Who/where is covered in the new SB version of Campus Car

Postby JKTex » Sat May 14, 2011 2:29 pm

tbrown wrote:Can this be fixed in the house to apply to all college campuses?


No, and you don't want it too. Unless I'm wrong, private schools aren't prohibited by law now; they can allow or prohibit as any private business but unfortunately, I think most choose prohibit currently. However, I think there is a liability issue that encourages private school to prohibit carry. That may be part of the campus carry bill that clears the path for them to lift the prohibition.

We do not want the State to start dictating private property rights.

Aside from what's good and bad and right and not right, I don't think the state can dictate such a thing for private property anyway. I also believe 30.06 was to address just that and make it easier for private businesses. A school is different as students aren't the general public, similar to an employee/employer.


BrianSW99
Senior Member
Posts: 659
Joined: Wed Apr 01, 2009 9:51 am

Re: Who/where is covered in the new SB version of Campus Car

Postby BrianSW99 » Sat May 14, 2011 2:46 pm

JKTex wrote:
tbrown wrote:Can this be fixed in the house to apply to all college campuses?


No, and you don't want it too. Unless I'm wrong, private schools aren't prohibited by law now; they can allow or prohibit as any private business but unfortunately, I think most choose prohibit currently. However, I think there is a liability issue that encourages private school to prohibit carry. That may be part of the campus carry bill that clears the path for them to lift the prohibition.

We do not want the State to start dictating private property rights.

Aside from what's good and bad and right and not right, I don't think the state can dictate such a thing for private property anyway. I also believe 30.06 was to address just that and make it easier for private businesses. A school is different as students aren't the general public, similar to an employee/employer.


It is currently a criminal offense to carry on the campus (in the buildings) of a private university unless you have specific written authorization from the school. This is different from most other private property where carry is allowed unless prohibited by 30.06. Despite the private property rights issue, I'm not opposed to requiring private schools to allow CHL's because almost every private university receives some type of public funding. I would be ok with just decriminalizing carry at private schools and making it subject to 30.06 postings just like everyone else if that's the best we can get.

Brian

User avatar

OCD
Member
Posts: 46
Joined: Wed Sep 15, 2010 4:33 pm

Re: Who/where is covered in the new SB version of Campus Car

Postby OCD » Sat May 14, 2011 3:03 pm

JKTex wrote:
tbrown wrote:Can this be fixed in the house to apply to all college campuses?


No, and you don't want it too. Unless I'm wrong, private schools aren't prohibited by law now; they can allow or prohibit as any private business but unfortunately, I think most choose prohibit currently.

That's not right. If a school has no policy, they are prohibited by law now. Private or government schools are treated the same. Instructors are supposed to cover that in a CHL class.

JKTex wrote:We do not want the State to start dictating private property rights.

Does that mean you're opposed to the parking lot bills affecting private employers?
Open Carry Dog


RPB
Banned
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: Who/where is covered in the new SB version of Campus Car

Postby RPB » Sat May 14, 2011 3:51 pm

Years ago, I was doing some home remodling, had materials outside; the city sent me a letter to clean up my yard, or pay $2,000 a day.
Then there's eminent domain.
When I lived in Dallas, I got a tax bill for owning a car.
Government required some neighbors to build a fence around their pool. They even regulated the type of hinges and latch on the gate.
In some cities the government regulates what type roof you are allowed to have ... no cedar shingles which catch on fire etc.
Some try to control what flavors of lead paint chips the kids aren't allowed to eat.
A Barbeque pit manufacturer dumped chemicals out of the drums on his own property before making the barrels into pits, the government interfered and called it a superfund site now.
Governments at various levels get all nasty if you don't pay property tax bills.
Some make you buy a permit to make changes to buildings on your own property. Some of those even come out and inspect if they like what you are doing or not.
Government already controls private property, in many many ways; always has, always will.
-----------

I'd be thrilled if carry everywhere was de-criminalized by default, for licensees, and any non-government location could post 30.06 signs if they so desired, and that's really all that's needed IMHO. Exceptions to "everywhere" (government owned property which can post) might be secured areas of penal institutions......... MAYBE polling places, but that's debatable.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"

User avatar

Ameer
Senior Member
Posts: 1340
Joined: Thu Sep 16, 2010 8:01 pm

Re: Who/where is covered in the new SB version of Campus Car

Postby Ameer » Sat May 14, 2011 5:51 pm

RPB wrote:I'd be thrilled if carry everywhere was de-criminalized by default, for licensees, and any non-government location could post 30.06 signs if they so desired, and that's really all that's needed IMHO. Exceptions to "everywhere" (government owned property which can post) might be secured areas of penal institutions......... MAYBE polling places, but that's debatable.

That would be a good step forward. I was too young to be paying attention back then, but I think we got all the restrictions in 46.035 in a single session, so it's not unreasonable to want them all removed in a single session. Especially now that 15+ years have passed without the BLOOD IN THE STREETS predicted by opponents of gun rights for non-M&P Texans.
I believe the basic political division in this country is not between liberals and conservatives but between those who believe that they should have a say in the personal lives of strangers and those who do not.


JKTex
Senior Member
Posts: 368
Joined: Thu Jan 21, 2010 11:28 am
Location: Flower Mound

Re: Who/where is covered in the new SB version of Campus Car

Postby JKTex » Sat May 14, 2011 8:55 pm

BrianSW99 wrote:
It is currently a criminal offense to carry on the campus (in the buildings) of a private university unless you have specific written authorization from the school.

I would be ok with just decriminalizing carry at private schools and making it subject to 30.06 postings just like everyone else if that's the best we can get.


I stand corrected, and I agree with the rest!


Return to “2011 Texas Legislative Session”

Who is online

Users browsing this forum: No registered users and 1 guest