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

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

#1

Post by ELB » Sat Apr 22, 2017 1:51 pm

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

#2

Post by Jusme » Sat Apr 22, 2017 6:08 pm

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:

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

#3

Post by ELB » Sat Apr 22, 2017 6:53 pm

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

#4

Post by roadkill » Sat Apr 22, 2017 7:27 pm

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

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

#5

Post by ScottDLS » Sat Apr 22, 2017 8:45 pm

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!!!!"

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

#6

Post by ELB » Tue Oct 03, 2017 5:09 pm

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.
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