Carry on school property?

[tehlump]

Hi everyone,

I will soon have my CHL. I work full time and I am also a public university student.
I would like to know your opinion on the legality of carrying a CH on public university property.

I DO NOT intend on carrying it with me to class, however I would like to leave it locked in my vehicle on the university parking lot.

PC 46.03 says "on the physical premises of a school or educational institution ..."

'Premises' is defined in 46.035 as 'a building or a portion of a buiding. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.'
If that is the case, my interpretation is that it would be allowable. However something tells me the University would push if this were found out.

This seems to be a perfectly acceptable compromise. My CHL instructor said that it is permissable to leave your handgun locked in your vehicle at your childs school's parking lot...I assume the same would be fine for a university?

BTW-when I say locked in my vehicle, I mean that I have a surplus ammo can that I intend on bolting to the floorpan underneath the back seat of my pickup. Once bolted to the vehicle I will have a hole cut in the lid allowing the use of a padlock.

[txinvestigator]

This seems to be a perfectly acceptable compromise. My CHL instructor said that it is permissable to leave your handgun locked in your vehicle at your childs school's parking lot...I assume the same would be fine for a university?

Perfectly legal.

[GlockenHammer]

I'm not a lawyer. You may be legal per TX law, but there may be a university policy on the matter that could get you into some trouble with the university itself. If you care, you should take the time to discretely check for said policies.

[tehlump]

I'm not a lawyer. You may be legal per TX law, but there may be a university policy on the matter that could get you into some trouble with the university itself. If you care, you should take the time to discretely check for said policies.

OK, so a PUBLIC university can declare their parking lots no carry zones? I guess I thought that it mgiht fall under the provision of an entity that took public money...

How might one discretely inquire about the university's policy? I would hate to broadcast the fact that I will be carrying a weapon in violation of the school's policy.

[dolanp]

Parking it there is not illegal, no matter what the university policy is. However I think what they were saying is if campus police found it they could 'expel' you or something like that. This very unlikely however, given they would need some probable cause.

Anyways many universities have their policy manual online, if yours doesn't you can simply ask your school for a policy manual. Don't mention firearms specifically just ask for the whole manual if they have it.

[GlockenHammer]

Parking it there is not illegal, no matter what the university policy is. However I think what they were saying is if campus police found it they could 'expel' you or something like that. This very unlikely however, given they would need some probable cause.

Anyways many universities have their policy manual online, if yours doesn't you can simply ask your school for a policy manual. Don't mention firearms specifically just ask for the whole manual if they have it.

Correct. As for the probable cause for expelling you? How about an anti-gun administration? That's all the cause they need to do you in. I'd check for an online policy manual as dolanp suggests and then consider the relative risks and ramifications of your actions (or inactions).

[tehlump]

Texas Concealed Handgun Law. This law does NOT apply to SHSU. Under Texas Penal Code § 46.03 "Places Weapons Prohibited," it is a FELONY OFFENSE to go on a school or educational institution with a firearm.

http://www.shsu.edu/students/righttoknow.html

That is the quote from the online 'Right to know' web page on the university's web site.

What does 'it is a felony offense to go on a school or educational institution with a firearm' mean? Typo?

Once again, 46.03 says:

PC 46.03 says "on the physical premises of a school or educational institution ..."

'Premises' is defined in 46.035 as 'a building or a portion of a buiding. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.'

It sounds to me like the college is just blowing smoke...trying to scare people into not carrying anywhere on their property. (my property? I am a taxpayer after all)

I don't think the situation would ever come up though. I attend night classes after work and never cause any trouble. I'll probably just keep my head down and discretely leave my handgun locked in my pickup.

[KBCraig]

Texas Concealed Handgun Law. This law does NOT apply to SHSU. Under Texas Penal Code § 46.03 "Places Weapons Prohibited," it is a FELONY OFFENSE to go on a school or educational institution with a firearm.

http://www.shsu.edu/students/righttoknow.html

That is the quote from the online 'Right to know' web page on the university's web site.

What does 'it is a felony offense to go on a school or educational institution with a firearm' mean? Typo?

Looks like a typo, where they meant to say "premises". Since we're discussing it, per 46.03, it is a third degree felony, and a CHL is not a defense. But, as you point out below, "premises" is limited strictly to buildings.

Once again, 46.03 says:

PC 46.03 says "on the physical premises of a school or educational institution ..."

'Premises' is defined in 46.035 as 'a building or a portion of a buiding. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.'

It sounds to me like the college is just blowing smoke...trying to scare people into not carrying anywhere on their property. (my property? I am a taxpayer after all)

I don't think the situation would ever come up though. I attend night classes after work and never cause any trouble. I'll probably just keep my head down and discretely leave my handgun locked in my pickup.

Yes, they're most likely blowing smoke. They don't have a legal leg to stand on, but I imagine that even if they do know the law, they don't care.

You're followin the smartest path, and you're not violating any law. Student code of conduct or SHSU rules is a different matter, but you've already accepted that.

Kevin

[stevie_d_64]

Kinda funny...I had heard that SHSU has a decent law school/legal program there...

You'd think they would have it together...

[Steve's slaps his forehead and remembers]

"This is academia..."

[ElGato]

When I read it, it sounds as though they are explaining that the CHL is not good there because of 46.03. I wish it was different, but I don't think so.
Tomcat