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how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:20 pm
by jecsd1
If campus carry ever passes, will it allow students to carry or anyone on a college campus? What is a professor or janitor wanted to carry. Would they be protected too?

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:30 pm
by 74novaman
jecsd1 wrote:If campus carry ever passes, will it allow students to carry or anyone on a college campus? What is a professor or janitor wanted to carry. Would they be protected too?
Yes. Anyone who has a valid CHL would be allowed to carry on campus. (or at least, that is the goal). That means visitors, staff, professors.

That being said, I would expect some schools might fire you for having one as an employee by making it part of the handbook that you are not allowed to carry.

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:31 pm
by seamusTX
It depends very much upon the exact wording of the bill.

It's one thing to grant an exception to Penal Code 46.03(a)(1) to a person with a CHL. That would allow the general population of CHL holders to carry in schools (or maybe only colleges and universities, which makes the legalese more complicated).

Then there is this nasty little bit:
Government Code 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.
It might be possible to get the public removed from that clause. I doubt the whole clause would ever be revoked.

Non-public universities could still post 30.06, and I would bet the best lunch in town that nearly all of them would after the media frenzy of such a bill being debated.

All of the above is IMHO, IANAL, etc.

- Jim

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:39 pm
by snorri
There's several different issues here. The first is the 46.03 prohibition on firearms in school buildings. If that is repealed (or CHL becomes an exemption) then private schools would probably still be able to post 30.06 signs if they wish, same as private movie theaters and private book stores. That's the legal side.

Even if there are no 30.06 signs and firearms are legal on campus, the school could probably discipline faculty, staff and students who violate school policy.

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:43 pm
by seamusTX
OK. I got into the wayback machine and reviewed the text of HB 1893/SB 1164 of the 81st legislature, which was the latest campus carry bill.

It would have allowed any CHL holder to carry on a college campus, and prohibited public universities from adoption rules that would interfere with that right.

It also would have allowed CHL holders to carry at collegiate sporting events unless they were 30.06 posted (like government meetings, etc.).

http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0" onclick="window.open(this.href);return false;
http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0" onclick="window.open(this.href);return false;

- Jim

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:53 pm
by snorri
deleted

Re: how would campus carry effect university employees?

Posted: Sat Sep 25, 2010 5:58 pm
by seamusTX
IIRC, SB 1164 would have been passed verbatim by the House if the bill got to the floor or in conference committee, but that's all proverbial water under the bridge. They have to start from scratch next year.

- Jim

Re: how would campus carry effect university employees?

Posted: Sun Sep 26, 2010 2:28 am
by BrianSW99
The original bill as introduced would have prevented both public and private institutions from adopting rules prohibiting students and staff from carrying. As a concession to have a chance at passing it, the Senate adopted an amendment that allowed private institutions to opt out after "consulting with students, staff, and faculty." This Senate version with the private institution exemption is what would have passed the House if it had finally made it to a vote on the floor.