Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
User avatar

Topic author
ELB
Senior Member
Posts in topic: 3
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#1

Post by ELB »

New request for a legal opinion from the Texas AG:

Whether the board of trustees of a public junior college may allow licensed concealed ·
handguns in open meetings of the board of trustees (RQ-0158-KP)

Dear Attorney General Paxton:

Pursuant to Texas Government Code Section 402.042, I request your
opinion regarding the authority of the board of trustees of a public junior college
to allow licensed concealed handguns in the room of a properly noticed open
meeting of the board of trustees, and other related issues. This matter has come to
my attention via one of our local institutions and clearly impacts others in Texas.
Accordingly, I seek your opinion as to the following questions:

1. Does a board . of trustees of a public junior college possess the authority
under Texas Government Code Chapter· 41L2031(d-1) to explicitly
authorize concealed carry of handguns by license holders in the room or
rooms where a _properly noticed ·open meeting of the board of trustees is
being held,. thus decriminalizing ·tile offense in Texas Penal Code Section
46.035(c)?

2. Can the board of trustees of a public junior college permit the concealed
carry of handguns by license holders in the room or rooms where a properly
noticed open meeting of the board of trustees is being held in
circumvention of Texas Penal Code Section 46.035( c} by intentionally
failing to post the required notice under Texas Penal Code Section 30.06?

3. If the board of trustees of a public junior college desires to permit the
concealed carry of handguns at board meetings~ is the board of trustees
required to expressly authorize such conduct in its written rules established
pursuant to Texas Government Code Section411.2031(d-1)?
More at the link above.
USAF 1982-2005
____________
User avatar

Jusme
Senior Member
Posts in topic: 1
Posts: 5350
Joined: Tue Jan 19, 2016 4:23 pm
Location: Johnson County, Texas

Re: Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#2

Post by Jusme »

Why are they wanting to know if they can "allow" something?
The Legislature gave them a lot of leeway as to where they could prohibit LTC carriers from carrying handguns. If there is no policy forbidding carry, why would they need to "expressly" allow it?
Take away the Second first, and the First is gone in a second :rules: :patriot:
User avatar

Topic author
ELB
Senior Member
Posts in topic: 3
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#3

Post by ELB »

Go read the whole request.

Essentially they see license carry as illegal at formal open meeting Of college trustees, but a violator can be prosecuted only if proper effective notice was given.
USAF 1982-2005
____________

roadkill
Member
Posts in topic: 1
Posts: 166
Joined: Fri Sep 11, 2015 3:48 pm

Re: Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#4

Post by roadkill »

I would say that they are correct. At least til this August.
User avatar

ScottDLS
Senior Member
Posts in topic: 1
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#5

Post by ScottDLS »

roadkill wrote:I would say that they are correct. At least til this August.
I think it depends on where the meeting takes place. If it's not on the campus of the junior college, then it's not covered under 46.03 or 46.035...even before August 2017. :rules:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar

Topic author
ELB
Senior Member
Posts in topic: 3
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Req for Opinion: May Junior College Trustees Allow CC at Open Meetings?

#6

Post by ELB »

And the OAG has answered.

https://www.texasattorneygeneral.gov/op ... &utm_term=

Summary
A license holder who carries a concealed handgun into an open meeting of a junior college district board of trustees in which no Penal Code 30.06 trespass notice was posted would have a defense to the prosecution of Penal Code subsection 46.035(c).

Though unnecessary within the context of Government Code subsection 411.2031 (d-1), a junior college district board of trustees could adopt a rule authorizing concealed handguns in its open meetings to affirm or publicize a license holder's right to carry the concealed handgun in to the open meeting held on the institution's campus.
Much more at the link.
USAF 1982-2005
____________
Post Reply

Return to “General Texas CHL Discussion”