Campus Carry Legislation

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Hoosier Daddy
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Re: Campus Carry Legislation

Post by Hoosier Daddy »

chabouk wrote:
srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
Eliminate "or private", and I'd agree. I'd rather eliminate the school "premises" restriction completely, but I don't think the state should ever say that private property is off limits.
Most bars are private businesses. So are some pro sports.
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hirundo82
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Re: Campus Carry Legislation

Post by hirundo82 »

chabouk wrote:
hirundo82 wrote:
srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
Except then schools can then simply say they will expel or fire anyone found carrying (Government Code §411.203).
No. Being taxing authorities and political subdivisions of the state, public schools and universities are just as bound by preemption as your local municipality.
Yes, and the section of the law I referenced allows them to have rules that they will fire anyone who carries.
Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.
chabouk
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Re: Campus Carry Legislation

Post by chabouk »

hirundo82 wrote:
chabouk wrote:
hirundo82 wrote:
srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
Except then schools can then simply say they will expel or fire anyone found carrying (Government Code §411.203).
No. Being taxing authorities and political subdivisions of the state, public schools and universities are just as bound by preemption as your local municipality.
Yes, and the section of the law I referenced allows them to have rules that they will fire anyone who carries.
Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.
Students aren't employees.
chabouk
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Re: Campus Carry Legislation

Post by chabouk »

Hoosier Daddy wrote:
chabouk wrote:
srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
Eliminate "or private", and I'd agree. I'd rather eliminate the school "premises" restriction completely, but I don't think the state should ever say that private property is off limits.
Most bars are private businesses. So are some pro sports.
Yes, and they shouldn't be off limits by statute.

All churches, most hospitals, all parimutuel racetracks are also privately owned. It was illegal to carry in privately owned amusement parks (well, Six Flags anyway), churches, and hospitals under the original CHL law. The law was changed so that those private businesses wishing to prohibit carry must do so under 30.06, instead of having the legislature decide for them. The remaining private property that is off limits by statute (schools, bars, sporting events and racetracks) should also enjoy the same change.
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Re: Campus Carry Legislation

Post by KD5NRH »

srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
I still prefer defining it as a gathering of fish. Most people don't carry while diving anyway.
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A-R
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Re: Campus Carry Legislation

Post by A-R »

chabouk wrote:
Hoosier Daddy wrote:
chabouk wrote:
srothstein wrote:For example, I would much prefer to see the law changed by adding another definition. We could just add a defitinion of a school as a public or private institution of primary or secondary education. Nothing else is needed.
Eliminate "or private", and I'd agree. I'd rather eliminate the school "premises" restriction completely, but I don't think the state should ever say that private property is off limits.
Most bars are private businesses. So are some pro sports.
Yes, and they shouldn't be off limits by statute.

All churches, most hospitals, all parimutuel racetracks are also privately owned. It was illegal to carry in privately owned amusement parks (well, Six Flags anyway), churches, and hospitals under the original CHL law. The law was changed so that those private businesses wishing to prohibit carry must do so under 30.06, instead of having the legislature decide for them. The remaining private property that is off limits by statute (schools, bars, sporting events and racetracks) should also enjoy the same change.
I like this line of thinking.
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A-R
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Re: Campus Carry Legislation

Post by A-R »

Curious why the "campus carry" legislative push focuses solely on "higher eduction" - i.e. colleges, universities - and not primary and secondary schools as well? Do I not have just as much right to protect my children when I drop them off at or pick them up from pre-school, kindergarten, elementary, high school? Does my schoolteacher wife not have just as much right to protect herself as a college professor?
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Re: Campus Carry Legislation

Post by srothstein »

Austinrealtor, I focused on the higher education aspect for right now just for political tactical reasons. It is possible to get it passed but removing the overall school prohibition is not, in my opinion, especially after the recent shootings in Colorado and Washington.

KD5NRH, I would not argue with that definition either. I have always said to ask any basketball referee how to define traveling if you needed that defense. Moving both feet works for me.

Joe817 and Hirundo82, actually I was saying to scrap the rest of the bill on limiting university actions and all. As employers, they should have the authority to make up the rules for their employees. I was more worried about the legality than the school policy. Most students are not going to be eligible to carry under this law anyway since they are under 21. The older students might have a CHL and would probably carry if they felt the need. As a student myself, I know I would. The only way the school would ever find out was if something went down and getting expelled is the least of my worries then anyway. But the faculty and students have a lot of say in school policies at most universities. Just this semester at Texas State I have seen the faculty senate moving to change parking regulations (want to restrict the faculty lots 24 hours instead of just business work day hours) and the students protesting shutting down a very small program that benefits less than 100 people per year (English sessions for international students - they got a partial win already with the school syaing it will keep the program but restrict it some and appoint a task force to look at it). Campus carry is harder to work with, but making it legal as a presumption gives the students and faculty a better shot at it.
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