Campus Carry vs. college sporting event

[mloamiller]

Does the "Campus Carry" law that goes into effect 8/1 mean that college sporting events are no longer off-limits to LTC holders, unless they are posted 30.06? I've read through the various statues (copied below), but am having a hard time deciphering it.

I think the key is in 46.035, and the fact that the "provided the institution gives effective notice" is in sub-chapter (a), but the restriction on collegiate sporting events is in sub-chapter (b). I think that means the "gives effective notice" statement does not apply to sporting events, so sporting events remain off-limits.

GC §411.2031, effective 8/1/2016

• (b) A license holder may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state. The institution must give effective notice under Section 30.06, Penal Code, with respect to any portion of a premises on which license holders may not carry.

PC §46.03. PLACES WEAPONS PROHIBITED, effective 8/1/2016:

• (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 ... unless:
    • ...
      (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code...;

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, effective 8/1/2016:

• (a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.
  
  (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:
  • ...
    (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;

[casp625]

Keep scrolling down and read the entirety of 46.035:

Text of subsection effective on August 01, 2016

(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.

[KLB]

Keep scrolling down and read the entirety of 46.035:

Text of subsection effective on August 01, 2016

(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.

Yes.

[TexasJohnBoy]

They beat me to it. Still prohibited at collegiate sporting event (and professional)

[twomillenium]

Professional sporting events held in stadiums owned by state or county or cities do not have to post 06 or 07 signs when they are being held there, neither do the college and universities. I may be wrong but I think not.

[Scott Farkus]

They beat me to it. Still prohibited at collegiate sporting event (and professional)

As I understand it, colleges will now have to give 30.06 notice to prohibit carry at collegiate sporting events, correct?

And that said notice can consist of the 30.06 language printed on your ticket?

[TexasJohnBoy]

They beat me to it. Still prohibited at collegiate sporting event (and professional)

As I understand it, colleges will now have to give 30.06 notice to prohibit carry at collegiate sporting events, correct?

And that said notice can consist of the 30.06 language printed on your ticket?

I'm confused now and will have to reread things. I was under the impression that 30.06 was not required at sporting events. I may be mistaken.

[TreyHouston]

I bet with the new campus carry law going into effect that colleges will post at games just to be sure people (college "kids") know the law

[TexasJohnBoy]

I bet with the new campus carry law going into effect that colleges will post at games just to be sure people (college "kids") know the law

I know that is the case for the campuses I've read policies for.

[mloamiller]

Keep scrolling down and read the entirety of 46.035:

Text of subsection effective on August 01, 2016

(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.

If I understand that correctly, I was wrong in my original post. Collegiate sporting events are no longer off limits after 8/1/2016 unless it's 30.06 posted. And regarding the other comment about printing 30.06 language on a ticket, I think that would be considered effective notice.

411.2031 (e) states that private and independent colleges can opt-out completely, but based on the other statues, it seems they would have to post 30.06 everywhere, or at least at all entrances to the campus.

[Scott Farkus]

They beat me to it. Still prohibited at collegiate sporting event (and professional)

As I understand it, colleges will now have to give 30.06 notice to prohibit carry at collegiate sporting events, correct?

And that said notice can consist of the 30.06 language printed on your ticket?

I'm confused now and will have to reread things. I was under the impression that 30.06 was not required at sporting events. I may be mistaken.

That's been the law for years (I assume since inception of the CHL statutes) but as I understand it, the Campus Carry Bill carved out an exception to the statutory prohibition on carry at "sporting events". Effective August 1, colleges that wish to prohibit concealed carry at collegiate sporting events will have to follow 30.06 notification requirements to do so. I assume all colleges will post or otherwise provide effective notice, so it's pretty much a moot point.

We desperately need a HB308 this session to clean all this stuff up. It's gotten way too confusing and convoluted.

[oohrah]

To clarify: The campus carry law changed the statutory proscription for college sporting events, effective this coming Aug 1st. K-12 and pro events are still off-limits and do not need to post 30.06.

Private colleges can opt-out with out explaining their reasons to the lege, but the law requires them to post 30.06 wherever they want to exclude CC. Public colleges must justify their exclusions to the lege, wherever they decide to post 30.06, including sporting events. They can't just blanket prohibit CC like a private college can.

The other point is that it is still a Class A misdemeanor to walk past a college 30.06 sign, different PC.

[TrueFlog]

What about at stadiums that are owned by the city such as the Cotton Bowl in Dallas? When OU plays Texas there this fall, concealed carry will be allowed unless the stadium is posted 30.06. But it can't be posted because it's city-owned, right? So we should be good to carry there.

[ScottDLS]

What about at stadiums that are owned by the city such as the Cotton Bowl in Dallas? When OU plays Texas there this fall, concealed carry will be allowed unless the stadium is posted 30.06. But it can't be posted because it's city-owned, right? So we should be good to carry there.

It can be posted because it's otherwise mentioned under 46.035. But only the Cotton Bowl, not the Fair.

[mloamiller]

What about at stadiums that are owned by the city such as the Cotton Bowl in Dallas? When OU plays Texas there this fall, concealed carry will be allowed unless the stadium is posted 30.06. But it can't be posted because it's city-owned, right? So we should be good to carry there.

I was wondering about that as well. I think that for off-campus venues, the current restrictions for college sporting events would still apply, even after 8/1. That question does warrant a closer reading of the statues, however.