Gun in car at College, or what is legal?

[smasraum]

I'm curious what's legal. My wife is going to college at UTMB Galveston. The area is not known for being nice (there have been some attacks and problems in the parking lots around the college). So, even with a concealed carry, she can't concealed carry. What about the castle doctrine stuff and having a gun in her car?

I would assume that it's not legal to have a concealed gun in a car on the campus since the campus is a no gun zone, right? But then there's also the castle doctrine thing. That wouldn't override the other law, I assume.

So, what's the best legal self defense item that she can have on campus? (besides her brain and awareness)

Pepper spray, mace, a personal alarm, flash-bang grenades ;)

[Crossfire]

Castle Doctrine has NOTHING to do with having a gun in the car. Castle Doctrine is about no civil liability for a shooting that is justified by Chapter 9 of the Texas Penal Code.

Motorist Protection Act pertains to carrying a handgun in the car without a CHL. And, according the PC 46.035, the school cannot prohibit her from having a gun in her car on the school parking lot. She just cannot carry it into the building.

[AEA]

What about written notice in Employee/Student handbook (or whatever)?

[seamusTX]

They're not going to search a student's car at UTMB, unless they have probable cause of a crime (which having a firearm in your car is not). I've never heard of it happening.

The UTMB campus is as safe as any place that doesn't have a 12-foot fence around it. It has a heavy police presence, and the crooks know it. The worst that happens there with any frequency is that they pick up an intoxicated bum or mentally ill person.

That said, I wouldn't recommend spending a lot of time on foot at the edges of the campus at night. The adjacent neighborhood is iffy.

- Jim

[smasraum]

Thanks for the info. I thought the castle doctrine was extended from your house to your car. Glad to know it's not the same thing.

I've tried to look at the info online.
http://www.fastlaws.com/index.php?id=txpechapter46" onclick="window.open(this.href);return false;

It's pretty confusing. It looks like 46.02 prohibits weapons on school property.

It then looks like 46.15 (i) allows a gun on campus as long as you're "travelling".

Sec. 46.15. Nonapplicability
(a) Sections 46.02 and 46.03 do not apply to:
(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

But, this says that it was repealed in 2007

Text from House Bill 1815, Section 3
effective 9/1/07
SECTION 3. The following provisions are repealed:
(1) Section 46.15(h), Penal Code; and
(2) Section 46.15(i), Penal Code, as added by Chapter 288, Acts of the 79th Legislature, Regular Session, 2005.

Now I'm even more confused.

[smasraum]

They're not going to search a student's car at UTMB, unless they have probable cause of a crime (which having a firearm in your car is not). I've never heard of it happening.

The UTMB campus is as safe as any place that doesn't have a 12-foot fence around it. It has a heavy police presence, and the crooks know it. The worst that happens there with any frequency is that they pick up an intoxicated bum or mentally ill person.

That said, I wouldn't recommend spending a lot of time on foot at the edges of the campus at night. The adjacent neighborhood is iffy.

- Jim

She sometimes has to be there at night. Like I said, she's heard about some incidents. Also, she's been there on the weekend and was told by a guard inside her building to make sure that she keeps her lab door locked because they have had homeless people get in and harass the students.

I'm not sure how much good a gun in her car would do anyway since any problem would like occur between the car and building, I would think, but she asked, so I thought I'd check.

[seamusTX]

You're looking in the wrong place. Go go http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false; and look up Penal Code 46.02, 46.03, and 46.035. Note the definition of premises in 46.035.

The change to 46.02 in 2007 was called the Motorist Protection Act. There are probably a hundred threads about it on this forum.

If your wife has to park in the lots east of 6th Street, I'm pretty sure she can get the cops to escort her to her car at night.

The newspaper here has a pretty low threshold for reporting crimes. The last thing I read about near UTMB was a woman who had an attempted purse-snatching. She bopped the would-be purse-snatcher with the purse, and he ran away. That was on 4th Street, IIRC.

- Jim

[smasraum]

Thanks for all of the info. I'll let her know.

[stroo]

Get your wife some pepper spray if the campus allows that. Otherwise a cane or walking stick makes a good club and generally no one recognizes them as such.

[Crossfire]

Steve - when have you and your wife scheduled your CHL class? Take the class from Tom Estep or Charles Cotton, and all these questions should be answered there.

[smasraum]

Steve - when have you and your wife scheduled your CHL class? Take the class from Tom Estep or Charles Cotton, and all these questions should be answered there.

We haven't yet. I did take a 1hr private handguns 101 with Tom, and I plan to take the class with Tom when I do. I'd like to take the class now, but I think the wife wants me to wait until she can go to. I think I'm going to end up having to leave her behind. It's also going to be difficult for her to get 12 hours on any one day free.

[CompVest]

See if Tom would be willing to run the class for you in two 5 hour parts over two weekends.

[jbirds1210]

The UTMB Police Department used to offer courtesy rides to students/employees that were uncomfortable walking around campus at night. I would have her check with them.....all they can say is no.

[CC Italian]

I went through the same thing when I went to college. I checked the student handbook and called the CHL questions number and my CHL instructor and they both told me that as long as they did not post an official sign in the parking lot I was fine to have it in your car. When I called the campus police they just told me that a student could not have it on campus or in a building. They said nothing about the parking lot but I could tell by the officers voice they didn't like people having guns in their cars either. I took mine with me and left it in the car every day.

[Gearheart]

Mag-lite. A big one. It can be worn on a belt, won't draw any attention, and makes a pretty good club, in a pinch. Kind of heavy, though.

If the student handbook doesn't say anything about knives, maybe a fixed blade knife that doesn't clash with PC §46.01.6. That's what I carry, but I keep it out of sight. It looks nasty enough to spook the herd.