Campus Carry vs. Emergency Vols Law (HB 435)

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RoyGBiv
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Campus Carry vs. Emergency Vols Law (HB 435)

Postby RoyGBiv » Tue Aug 29, 2017 7:15 am

I am an "Emergency Services Volunteer" and will be volunteering at a Harvey emergency shelter that's on campus at a community college. The specific facility is designated off limits per campus carry law.

Today, of course, no carry.

Does HB 435 make that any different starting on Friday?

Thoughts?

Campus Carry: http://www.legis.state.tx.us/tlodocs/84 ... 00011F.htm
HB 435 : http://www.legis.state.tx.us/tlodocs/85 ... 00435F.htm
TX PC Ch.46 http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

The way I read it, and this is my OPINION only, is that the HB 435 "Defense to prosecution" would NOT apply in the above situation... HB 435 only provides a defense to prosecution for violations of 46.035 b and c, but not for violation of campus carry, which is 46.035 (a-2) and 46.035 (a-3).

46.03 violation:
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,


46.035 violation:
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
......
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;


HB 435 defense to prosecution for 46.03 and 46.035b and 46.035c violations (above), but not for violations of 46.035a:
SECTION 12. Section 46.035, Penal Code, is amended by
adding Subsection (m) to read as follows:
(m) It is a defense to prosecution under Subsections (b) and
(c) that the actor is volunteer emergency services personnel
engaged in providing emergency services.

SECTION 13. Section 46.15(a), Penal Code, is amended to
read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
.................
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
I am not a lawyer. This is NOT legal advice.!
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oohrah
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Re: Campus Carry vs. Emergency Vols Law (HB 435)

Postby oohrah » Tue Aug 29, 2017 2:14 pm

Since concealed carry is legal on a public community college campus, I presume you mean that the specific facility on campus is posted 30.06 IAW published campus policy? Just asking for clarification.
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RoyGBiv
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Location: Fort Worth

Re: Campus Carry vs. Emergency Vols Law (HB 435)

Postby RoyGBiv » Tue Aug 29, 2017 6:43 pm

oohrah wrote:Since concealed carry is legal on a public community college campus, I presume you mean that the specific facility on campus is posted 30.06 IAW published campus policy? Just asking for clarification.

Yes. Sorry I didn't make that clear.
I am not a lawyer. This is NOT legal advice.!
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