campus carry outside only of school that opted out

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flechero
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campus carry outside only of school that opted out

#1

Post by flechero »

I will be on UMHB's campus later this week for a short time and out of my vehicle (unrelated to any school activity and only outside in a common area) As I understand it they are not a campus carry school. Does that cover everything, including outdoor grounds or just the buildings?

In other words, do I need to leave my gun in the truck?

My searches were fruitless in that I found nothing definitive.

Thanks!
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RoyGBiv
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Re: campus carry outside only of school that opted out

#2

Post by RoyGBiv »

Mary Hardin Baylor??

https://go.umhb.edu/police/weapons

No guns on campus...

Discussion here about in the car... viewtopic.php?t=58389
I am not a lawyer. This is NOT legal advice.!
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PriestTheRunner
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Re: campus carry outside only of school that opted out

#3

Post by PriestTheRunner »

How is that legal?....
46.035, Penal Code.
(b) A license holder may carry a concealed handgun on or
about the license holder's person while the license holder is on the
campus of an institution of higher education or private or
independent institution of higher education in this state.
(c) Except as provided by Subsection (d), (d-1), or (e), an
institution of higher education or private or independent
institution of higher education in this state may not adopt any
rule, regulation, or other provision prohibiting license holders
from carrying handguns on the campus of the institution.
D-1...
The president or officer may not establish provisions
that generally prohibit or have the effect of generally prohibiting
license holders from carrying concealed handguns on the campus of
the institution.
.....


Nevermind, I see all the way down to "E".
That needs to be fixed.
Last edited by PriestTheRunner on Thu Jun 28, 2018 4:38 pm, edited 2 times in total.
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PriestTheRunner
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Re: campus carry outside only of school that opted out

#4

Post by PriestTheRunner »

Deleted.
Last edited by PriestTheRunner on Thu Jun 28, 2018 4:39 pm, edited 2 times in total.
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PriestTheRunner
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Re: campus carry outside only of school that opted out

#5

Post by PriestTheRunner »

So it appears you are covered under MPA so long as it does not leave the vehicle you own.
Last edited by PriestTheRunner on Thu Jun 28, 2018 4:39 pm, edited 1 time in total.
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RoyGBiv
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Re: campus carry outside only of school that opted out

#6

Post by RoyGBiv »

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

46.035
(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.
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Soccerdad1995
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Re: campus carry outside only of school that opted out

#7

Post by Soccerdad1995 »

RoyGBiv wrote: Thu Jun 28, 2018 4:38 pm https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

46.035
(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.
So they need to give 30.06 notice. Keep an eye out for signage, but I expect that many places may only post buildings and not outdoor areas.
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oohrah
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Re: campus carry outside only of school that opted out

#8

Post by oohrah »

Posting on their web site does not constitute effective notice. You can go wherever they do not post, including buildings if they are not posted. Keep in mind however, that violations on a campus are Class A, not Class C misdemeanors. The campuses I have been to have not posted their grounds or parking lots at all.
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flechero
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Re: campus carry outside only of school that opted out

#9

Post by flechero »

So they need to post the outdoor areas 30.06 as well? Schools are goofy... Don't think I'll risk it for the quick trip I need to make this time, but will look for signs.

I have seen the police page before but that info contradicts what a friend of mine (staff member) was told, and thus my post to confirm it one way or the other.

:tiphat:
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PriestTheRunner
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Re: campus carry outside only of school that opted out

#10

Post by PriestTheRunner »

Soccerdad1995 wrote: Thu Jun 28, 2018 5:23 pm
RoyGBiv wrote: Thu Jun 28, 2018 4:38 pm https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

46.035
(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.
So they need to give 30.06 notice. Keep an eye out for signage, but I expect that many places may only post buildings and not outdoor areas.
It is generally the consensus that the MPA overrides Chapter 411. You are fine in the car but not out of it. And going past a lawfully posted 30.06 is a Class A not a Class C.

Feel free to be the test case for us if you get caught in the car!!! :coolgleamA:
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oohrah
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Re: campus carry outside only of school that opted out

#11

Post by oohrah »

flechero wrote: Thu Jun 28, 2018 5:31 pm So they need to post the outdoor areas 30.06 as well? Schools are goofy... Don't think I'll risk it for the quick trip I need to make this time, but will look for signs.

I have seen the police page before but that info contradicts what a friend of mine (staff member) was told, and thus my post to confirm it one way or the other.

:tiphat:
If the staff member works for the college, that's different. They are subject to the personnel policies and rules, and may very well have been given effective notice by other means. But a true visitor with no connection to the campus must be informed by proper 30.06.
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Treating one variety of person as better or worse than others by accident of birth is morally indefensible.

ninjabread
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Re: campus carry outside only of school that opted out

#12

Post by ninjabread »

PriestTheRunner wrote: Thu Jun 28, 2018 4:19 pm
Nevermind, I see all the way down to "E".
That needs to be fixed.
On one hand, private property owners should be able to post to their hearts' content.

On the other hand, private property owners that post shouldn't be eligible for corporate welfare. (tax subsidies)

Also, a private university's posting shouldn't carry more weight than any other private business. (Class A vs C)
This is my opinion. There are many like it, but this one is mine.

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