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seamusTX wrote:

KD5NRH wrote:So, where does the authority to prevent students living in campus housing (assuming a state school) from keeping arms at their residence come from?

It's a combination of the vague definition of school in PC 46.03 and the fact that whatever is not explicitly prohibited is allowed, that is, the law does not say that universities cannot prohibit weapons on campus, therefore they can do so. (Now my head hurts.)

I agree on the first part, but disagree on the second.

The big law --the state Constitution-- says that the Legislature is the only unit of government that can regulate the wearing of arms in Texas. State universities are a unit of government. They have no authority under the Constitution to restrict firearms unless the Legislature specifically gives it to them.

Kevin

The big law --the state Constitution-- says that the Legislature is the only unit of government that can regulate the wearing of arms in Texas. State universities are a unit of government. They have no authority under the Constitution to restrict firearms unless the Legislature specifically gives it to them.

And then only the *wearing* of arms.

I agree with KBCraig in principle, but the reality is that state educational institutions can effectively ban weapons, and punish violations of their rules by expulsion or firing. I don't know if this issue has been tested in court.

A similar case in Oregon resulted in a state court ruling that schools could prohibit teachers from carrying. That is not relevant to Texas, except that IMHO the same thing would happen here.

- Jim

seamusTX wrote:I agree with KBCraig in principle, but the reality is that state educational institutions can effectively ban weapons, and punish violations of their rules by expulsion or firing. I don't know if this issue has been tested in court.

A similar case in Oregon resulted in a state court ruling that schools could prohibit teachers from carrying. That is not relevant to Texas, except that IMHO the same thing would happen here.

- Jim

I think the key thing here is that it's not a criminal violation to have a gun in your car on campus (if you are a student or employee). It is just against university rules, which means you can be fired or expelled.

What is banned by the legislature, and for which they have state constitution authority, is wearing (carrying, etc.) or arms inside of the buildings. Note that they could have chosen to ban guns from campus entirely, but did not.

frankie_the_yankee wrote:Note that they could have chosen to ban guns from campus entirely, but did not.

They could have, at least on school grounds that are the property of a school district or university. Instead,they explicitly allowed weapons on the grounds.

In this respect we are better off than many states, where even licensees are prohibited from carrying on school grounds, and it is in some cases a felony.

BTW, universities are complicated. Most are integrated with neighborhoods and have public streets running through them. They have buildings that are not used for direct educational purposes, such as student unions and libraries. Many have residential housing for adult staff. For example, the president of UTMB lives in a mansion owned by the university. It would be unfair to tell him he can't have weapons in his home.

Those are reasons I think school should be defined as an accredited K-12 institution (as a step toward any gun anywhere).

- Jim

seamusTX wrote:For example, the president of UTMB lives in a mansion owned by the university. It would be unfair to tell him he can't have weapons in his home.

It's more unfair he lives in a mansion that we pay for,

tarkus wrote:

seamusTX wrote:For example, the president of UTMB lives in a mansion owned by the university. It would be unfair to tell him he can't have weapons in his home.

It's more unfair he lives in a mansion that we pay for,

UTMB Galveston owns a bunch of historic properties. The hereditary owners got tired of paying upwards of $25,000 a year in taxes on these houses, and deeded them to UTMB. The university uses them for various purposes. Otherwise they would fall to termites and leaky roofs. Here's one: http://www.utmb.edu/tour/35.htm

It's not a perfect system, but I can live with it.

This is getting off-topic, so it's only fair if it gets shut down.

- Jim

KD5NRH wrote:

The big law --the state Constitution-- says that the Legislature is the only unit of government that can regulate the wearing of arms in Texas. State universities are a unit of government. They have no authority under the Constitution to restrict firearms unless the Legislature specifically gives it to them.

And then only the *wearing* of arms.

Thank you. Ownership and possession may not be restricted at all, according to the Constitution of 1876, Article 1, Section 23.

Only the Legislature --not a city, not a county, not a board of directors of a state university-- has any authority over arms. Wearing them, or otherwise.

Courts are notoriously loathe to restrict their judgement to such strict limits, however.