Is Campus Carry prohibited by state law or campus rules?

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PracticalTactical
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Is Campus Carry prohibited by state law or campus rules?

#1

Post by PracticalTactical » Wed Jun 22, 2011 9:18 pm

I've got a pretty simple question I can't find the answer to:

Is Campus Carry prohibited by a state law, a CHL rule, or the rules of the individual campuses?

Or, more to the point, are you risking an actual crime by carrying anyway or just being kicked out if a student or fired if an employee? If you don't work there or study there, can they do anything to you legally?(I'm not advocating breaking the law here or saying I'd do it, just curious what the consequences are)

Without 30.06 posting, would it be a 30.05 offense?


srothstein
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Re: Is Campus Carry prohibited by state law or campus rules?

#2

Post by srothstein » Wed Jun 22, 2011 9:54 pm

It is a violation of PC 46.03(a)(1) to carry in the buildings of any school. The school may make rules allowing it, but if there is no rule made, it is a crime. This applies to anyone without regard to their relationship with the school.

By definition, you may have it in your car while on campus without breaking the law. This may be prohibited by the school, in which case it is an administrative punishment (firing or expelling a student). There is some legal debate if 30.05 can prohibit a CHL from carrying in their car or not, mostly due to unintentional wording of the law to protect CHL's in certain other situations.
Steve Rothstein


RPB
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Re: Is Campus Carry prohibited by state law or campus rules?

#3

Post by RPB » Wed Jun 22, 2011 10:51 pm

yup, it's what I call a "default" thing

Like in Texas, by default, it's illegal and not permitted, but a school can "opt out" and allow it for whomever ... if they want to.

In Virginia, it's the opposite; by default, you have a constitutional right under their State constitution, to be armed, but a school can "opt out" and prohibit it by "rules" ... though it isn't "illegal" ... except perhaps if they get you for trespassing of some sort or disturbing the peace or something else.

In summary ... it's De-Fault of the anti-gun propaganda people who made it illegal for no good reason.... it's dey-fault.

Nevada probably WOULD have made it so no school could opt out by rules and it would be legal... IF more licensees had asked permission and been denied .... but the Nev Legislators decided there was already a "system in place" to allow .... but they had not )permission) because they asked not... IIRC, about 20 asked, about 15 were denied and no one had data as to "why" so they were unprepared to pass it yet/ or unprepared to prove it "needed" passing..
I'm no lawyer

"Never show your hole card" "Always have something in reserve"


hirundo82
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Re: Is Campus Carry prohibited by state law or campus rules?

#4

Post by hirundo82 » Tue Jul 05, 2011 8:16 pm

RPB wrote: In Virginia, it's the opposite; by default, you have a constitutional right under their State constitution, to be armed, but a school can "opt out" and prohibit it by "rules" ... though it isn't "illegal" ... except perhaps if they get you for trespassing of some sort or disturbing the peace or something
Interesting development on that front. Virginia Attorney General Cucinelli recently released an opinion saying that universities cannot prohibit concealed carry by policy alone. Rather they must go through the process to get a regulation published in the Virginia Administrative Code (some, but not all, VA universities currently have such a regulation published). This is subject to a higher standard of review and can be fought by VA gun rights organization such as the Virginia Citizen's Defense League.

More analysis here.
"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation." Barack Obama, 12/20/2007

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