Sign Posting On A Collage Campus

[ScottDLS]

I'm a graduate of LeTourneau. No signs means carry is allowed for non students. The only things off limits for non students are dorms (per policy but has no legal authority without signage) and collegian sporting events per legislative code. No signs means carry away these days, especially with the 2019 revision to 30.06.

Students (unfortunately) received notification via the student handbook. I carried at graduation as I was no longer a student...

They need to change that policy.

People keep sa that students received notice via the student handbook. Does the student handbook have the exact wording specified in 30.06? If not, they did not receive effective notice.

Even if it does have exact wording. Handing someone a book is no quarentee that they actually read or saw the notice that is burried in pile of rules and regulations. It's not the same as handing someone a card or pamphlet with the notice printed on it.

Yeah I was reading through the law and it says "provides notice to the person" and then describes notice as (among other things) a card or document. In my opinion this means that the owners/owners' agent PROVIDE (give, hand, present) the notice (handbook) TO THE PERSON. Again, IMO that means giving it individually to the person...not "there's a handbook on the website and all students have to read it".

I am also of the opinion that this applies to oral notice. "I heard the CEO on TV say he doesn't like guns in WalMart" does not in my mind translate to "Entrance on to the property of any WalMart owned or leased property in the state of Texas by ScottDLS while carrying a handgun under the authority of GC 411 is hereby prohibited for all time under all circumstances". As a practical matter oral notice would seem to need to be given in person and in a clear specific manner. "Oh well you called the hotline and the answering service said no guns"...that means you are forever prohibited from carrying... Really? How does that work? As a practical matter. If the property owner really cares, they can post a sign...

The problem is (at least at LETU when I went there) that they gave you a physical handbook which you had to acknowledge in writing when registering. In the book were the words "applies even if the student has a concealed carry license" or something along those lines. I'll try and find the book, but that seems to be effective notice to me.

It is definitely not effective notice if it does not contain the exact wording provided in 30.06. The law is very clear.

[Flightmare]

ScottDLS is correct. This is the language in Texas PC 30.06;

"Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun";

IANAL, but unless the language is as posted, the notification is the same as a gun buster sign.

https://statutes.capitol.texas.gov/Docs ... /PE.30.htm

[RoyGBiv]

1. College sporting events are no longer prohibited by statute. Campus carry law changed that. Colleges must post 30.06 to prohibit carry at sporting events.

Emphasis mine.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed
or carried in a shoulder or belt holster, on or about the license holder’s person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

[Papa_Tiger]

1. College sporting events are no longer prohibited by statute. Campus carry law changed that. Colleges must post 30.06 to prohibit carry at sporting events.

Emphasis mine.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed
or carried in a shoulder or belt holster, on or about the license holder’s person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

I see your PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER (2) b and raise you (2) l

(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

[RoyGBiv]

1. College sporting events are no longer prohibited by statute. Campus carry law changed that. Colleges must post 30.06 to prohibit carry at sporting events.

Emphasis mine.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed
or carried in a shoulder or belt holster, on or about the license holder’s person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

I see your PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER (2) b and raise you (2) l

(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

I'll fold.

I totally missed that... that's excellent. Relatively.

Thanks for the correction.

[oohrah]

All of you arguing "effective notice" are missing the point.

If you violate the handbook, you are fired or suspended. This is not a legal action and does not hinge on effective notice. You just probably can't be prosecuted for trespass. Recall, in Texas, you can be fired for no reason at all (unless you are protected class).

Effective Notice would only apply to a visitor who was not bound by the handbook.

[jb2012]

Unfortunately forgivesness would have been better than permission in this instance. If there are no signs, and is not statutorily off limits, it is not illegal to carry. Maybe you will be asked to leave, but no legal ramifications.

Except for the fact he has already been given verbal notice, which is legally valid effective notice.

So yes, forgiveness WOULD HAVE been better than permission.