College Parking Lot

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Aggie_engr
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College Parking Lot

#1

Post by Aggie_engr » Thu Aug 28, 2008 7:07 pm

I thought I read somewheres that a chl holder could at least leave his/her gun in the vehicle in the parking lot while on campus??? I was in the school police office the other day getting a new parking permit and I asked one of the officers if that was okay and he said no, not only is it against university rules to posses a firearm within 1000' of campus but it was a state law that you couldn't posses a firearm on campus... Is this info correct??? TIA :headscratch
Dwayne

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barres
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Re: College Parking Lot

#2

Post by barres » Thu Aug 28, 2008 7:53 pm

The officer was incorrect. Firearms are prohibited by Federal law within 1000 feet of a school, but there is a exception for a CHL (or equivalent) holder of the state you are in. Texas law prohibits firearms (even in the possession of a CHL holder) on the premises of a school, but it then goes on to define premises as a building or a portion of a building and specifically excludes parking lots/garages.

PC §46.035:
"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.
PC §46.03 makes the premises of a school off-limits, but then states that the definition of premises from PC §46.035 is to be used, so that is quoted above.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

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barres
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Re: College Parking Lot

#3

Post by barres » Thu Aug 28, 2008 7:55 pm

I should add that the school could probably impose an administrative penalty if you were found out (ie. you could be expelled). But you would have broken no law.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre

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Re: College Parking Lot

#4

Post by McKnife » Thu Aug 28, 2008 8:38 pm

I did the same thing in San Marcos... with the same result. However, I have a feeling he knew the actual law, but just told me not to... (very anti)

I never drove ANYWHERE unarmed after reading the truth, and that include campus parking lots
I have nothing to hide but I never give consent.

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - B. Franklin


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Re: College Parking Lot

#5

Post by pedalman » Thu Aug 28, 2008 8:52 pm

In my case (as a college employee), I could be fired if I parked in a campus parking lot with my pistol secured inside its safe. But it is not a criminal offense.

So I park on the street right outside the building. It's the best workaround I have at this time. :grumble


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Re: College Parking Lot

#6

Post by Monkey404error » Fri Aug 29, 2008 2:24 pm

I actually talked to a couple of the campus police at the downtown campus, and they really could care less if you leave a gun locked in your car, mainly because this is where the campus of public policy is, so they know its a bunch of students trying to get a to either go local or federal police. The only real worry they have is if your car gets broken into.

However after talking to the cheif of the university police at the main campus, he said if anyone is found with a gun within its parking lots, he'd have them arrested and let someone sort it out later. That is, after having you expelled, even though theres nothing in the student handbook saying that. (he's beyond anti, how he got to Texas :txflag: I'll never know)
http://concealedcampus.org/index.htm
Students should also have the rights to defend themselves


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Re: College Parking Lot

#7

Post by rm9792 » Sat Aug 30, 2008 2:18 pm

Monkey404error wrote:However after talking to the cheif of the university police at the main campus, he said if anyone is found with a gun within its parking lots, he'd have them arrested and let someone sort it out later.
I would think this would be grounds for a suit, he knows its legal but has you arrested anyways?

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Re: College Parking Lot

#8

Post by Charles L. Cotton » Sun Aug 31, 2008 9:45 am

Monkey404error wrote:However after talking to the cheif of the university police at the main campus, he said if anyone is found with a gun within its parking lots, he'd have them arrested and let someone sort it out later.
This guy would then get a good lesson in civil law. An officer cannot make a "good faith" arrest for something that is clearly not illegal. Thus, a §1983 civil rights suit against the individual officer and the school is viable. If that's his attitude, then I'd be happy to show him the error of his ways in court. What an arrogant, power-mad jerk! This is the type of COP that good COPs absolutely hate. Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license.

Sorry, but this attitude burns me up. :mad5

Chas.

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Re: College Parking Lot

#9

Post by WildBill » Sun Aug 31, 2008 10:39 am

Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
It's too bad that more police chiefs, DAs and judges don't feel the same way.
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Re: College Parking Lot

#10

Post by waterpump1 » Sun Aug 31, 2008 10:52 am

WildBill wrote:
Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
It's too bad that more police chiefs, DAs and judges don't feel the same way.
:iagree: :txflag:
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Re: College Parking Lot

#11

Post by srothstein » Mon Sep 01, 2008 1:45 am

WildBill wrote:
Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
It's too bad that more police chiefs, DAs and judges don't feel the same way.
And as someone who has tried to argue those types of orders, let me ask how fast we can get this implemented.
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J.R.@A&M
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Re: College Parking Lot

#12

Post by J.R.@A&M » Wed Sep 03, 2008 12:51 pm

Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.

My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
“[T]he liberties of the American people [are] dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country.” Life and Times of Frederick Douglass

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Re: College Parking Lot

#13

Post by barres » Wed Sep 03, 2008 1:26 pm

J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.

My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
Which is actually still only restating state law, since your agency is the school.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre

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Re: College Parking Lot

#14

Post by J.R.@A&M » Thu Sep 04, 2008 10:19 am

barres wrote:
J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.

My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
Which is actually still only restating state law, since your agency is the school.
Not quite (technically, Texas AgriLife Extension Service is a separately funded state agency from Texas A&M University proper).
“[T]he liberties of the American people [are] dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country.” Life and Times of Frederick Douglass

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Re: College Parking Lot

#15

Post by barres » Thu Sep 04, 2008 1:02 pm

J.R.@A&M wrote:
barres wrote:
J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.

My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
Which is actually still only restating state law, since your agency is the school.
Not quite (technically, Texas AgriLife Extension Service is a separately funded state agency from Texas A&M University proper).
Then my apologies, but you did say, "My particular agency within the TAMU system..."
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre

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