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Texas State University - PART ONE
Posted: Mon Oct 29, 2007 12:27 pm
by Snake Doctor
First off, just to confirm... Whether or not Texas State officials did or did not permit concealed weapons on campus would not matter, correct? That would be like the owner of a bar saying, "Sure, I don't mind if you carry in our bar", but the 51% law overrules him, correct? It is illegal for me to carry my gun onto Texas State property because of the Texas law, correct?
Posted: Mon Oct 29, 2007 12:37 pm
by barres
It is illegal for you to carry on the premises of a school, but premises are defined for that section of law to be a building or portion of a building. School grounds (sidewalks, parking lots, etc.) are not considered part of the premises according to the law. (It is also illegal to carry where a school activity is taking place, so the football field would be off-limits during practice or a game, but would otherwise be legal.) IANAL, but this is my understanding (as influenced by the many great men and women of this forum) of the law.
Posted: Mon Oct 29, 2007 12:43 pm
by seamusTX
School officials can give permission for anyone to carry weapons on campus:
PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
They could, hypthetically, give permission to specific individuals, give blanket permission for all CHL holders to carry handguns, or allow all adults to possess weapons on a legal basis, for example.
- Jim
Re: Texas State University - PART ONE
Posted: Mon Oct 29, 2007 12:44 pm
by Liberty
Snake Doctor wrote:First off, just to confirm... Whether or not Texas State officials did or did not permit concealed weapons on campus would not matter, correct? That would be like the owner of a bar saying, "Sure, I don't mind if you carry in our bar", but the 51% law overrules him, correct? It is illegal for me to carry my gun onto Texas State property because of the Texas law, correct?
I recall Mr Cotton suggesting that in some of the more open minded schools that it would be possible to get permission and carry. I don't remember if it was an matter of policy, individual permission or either.
Posted: Mon Oct 29, 2007 1:21 pm
by Snake Doctor
Jim, how may I correctly quote that portion of the penal code? Would it be "Texas Penal Code 46.03, part one"? What do I call the "(1)" part?
Posted: Mon Oct 29, 2007 1:29 pm
by Mithras61
Snake Doctor wrote:Jim, how may I correctly quote that portion of the penal code? Would it be "Texas Penal Code 46.03, part one"? What do I call the "(1)" part?
I've seen it listed as PC 46.03(a)(1) and PC 46.03a(1).
Posted: Mon Oct 29, 2007 1:32 pm
by seamusTX
Snake Doctor wrote:Jim, how may I correctly quote that portion of the penal code? Would it be "Texas Penal Code 46.03, part one"? What do I call the "(1)" part?
The law itself explains how to cite it:
Government Code § 311.004. CITATION OF CODES. A code may be cited by its name preceded by the specific part concerned. Examples of
citations are:
(1) Title 1, Business & Commerce Code;
(2) Chapter 5, Business & Commerce Code;
(3) Section 9.304, Business & Commerce Code;
(4) Section 15.06(a), Business & Commerce Code; and
(5) Section 17.18(b)(1)(B)(ii), Business & Commerce
Code.
So in this case, you could say "Section 46.03(a)(1), Penal Code."
- Jim