Carrying in Parking garage on college campus.

[aggie10]

Hi,

I just received my CHL yesterday and was wondering if I am allowed to lock my handgun in my car when I park in a parking garage on campus. It appears I would be able to according to these laws:

Sec. 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;

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

The only problem is that when I called UPD they told me that it was illegal to lock my handgun in my car in the parking garage but if I parked in a parking lot it would be legal. My parking permit is only for the parking garage so I can't park in a lot. Any thoughts on this.

[Mithras61]

Since the law quite clearly lists parking garages as not "premises" and only prohibits carrying on (in?) the premises, it looks to me like you're good to go with locking it in your car in the parking garage.


BTW, asking the police what the law is usually only gets you what they want you to believe it is without regard to what it actually is. As relates to handguns in/on university (school) grounds and this conversation, it sounds to me like the cop you spoke with doesn't know the law, only that taking your pistol into ANY building on campus is illegal.

[aggie10]

I think he did say they considered it a building and so I was wondering if there is anyway a parking garage could be considered a building so that you can no longer carry there.

[Keith B]

IANAL, but per the statute, a parking garagae is spelled out as NOT a building, so IMO you should be good to go.

[BrianSW99]

It may be legal, but another point to consider is that it's likely a violation of the student/staff handbook. I did see if you mentioned whether you're a student or employee, but if they found out you have it, they might could expel or fire you. Not saying you shouldn't keep it in your car, but it's something else you may need to consider before making that decision.

[aggie10]

I am a student at the University but I have looked at the rules and did not see anything that prevented an employee or student from carrying where it is legal by state law. I might have missed something though so I thought I would post the relevant parts of the student rules book. Sorry it is so long.

UNIVERSITY RULE
34.06.02.M1 Weapons, Handguns, and Other Firearms
Approved March 1, 2006
Supplements System Policy 34.06 and System Regulation 34.06.02
1. GENERAL
1.1. The Texas Penal Code prohibits possession of firearms, illegal knives, clubs, or prohibited weapons (as defined in Penal Code Section 46.05(a)) on the physical premises of a school or educational institution. This prohibition even includes individuals licensed to carry a concealed handgun.
1.2. It is also a violation of University Rules to possess firearms, illegal knives, clubs, or prohibited weapons on the physical premises of Texas A&M University. Students, faculty or staff who violate this provision may be subject to University discipline in addition to criminal action. Licensed police officers (including game wardens) are authorized to carry a firearm at all times.
1.3. “Premises” as used in this Rule means a building or portion of a building. The term does not include any public or private driveway, street, sidewalk, walkway, parking lot, parking garage or other parking area.
2. RESTRICTIONS
2.1. Firearms, illegal knives, clubs, or prohibited weapons are not permitted on or in:
2.1.1. the physical premises of Texas A&M University,
2.1.2. any grounds or building (or portion of a building) on which an activity sponsored by Texas A&M University, or University recognized groups, is being conducted,
2.1.3. a passenger transportation vehicle of a school or educational institution.

SYSTEM REGULATIONS
34.06.02 Firearms
September 12, 2000
Supplements System Policy 34.06
1. STATEMENT OF PROHIBITION OF FIREARMS
Concealed handguns, unlicensed handguns and all other firearms are not permitted in any System or component building or portion of a building, state vehicle, or on any grounds on which an activity sponsored by a System component is being conducted. Sponsored activities of The Texas A&M University System or its components are conducted frequently on the grounds of the institutions for the use of their students, faculty and staff. Exceptions to this prohibition may be made as authorized by law or by a rule developed by the component. The System will follow Texas Penal Code Section 46.03 in the administration of this regulation and the resulting rules.

[mred]

Is it legal to drive through the campus to look around with CHL? Like on East Texas State which is now A&M.

[BrianSW99]

You're right, they appear to be using the same definition of "premises" as from the penal code, which would allow you to keep it in the car. Unfortunately, that's not the case at the university where I work.

[BrianSW99]

Is it legal to drive through the campus to look around with CHL? Like on East Texas State which is now A&M.

As long as you don't go into any of the buildings.

[Mazzy]

Texas A&M UNIVERSITY RULE 34.06.02.M1 Weapons, Handguns, and Other Firearms
http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf

[Mazzy]

I'll try to link to other docs for clarification when I get a chance.

[Keith B]

Texas A&M UNIVERSITY RULE 34.06.02.M1 Weapons, Handguns, and Other Firearms
http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf

Per their rules, it looks like they follow the same verbiage as the state statute. IANAL, but think the Sgt you talked to was mis-informed and you are legal to keep it in the car in the parking garage unless they are having a sponsored function in there.

[A-R]

I SYSTEM REGULATIONS
34.06.02 Firearms
September 12, 2000
Supplements System Policy 34.06
1. STATEMENT OF PROHIBITION OF FIREARMS
Concealed handguns, unlicensed handguns and all other firearms are not permitted in any System ...

What is an "unlicensed handgun"? No such classification that I know of under Texas law. Don't need a license to own a handgun. And since a state university is a subordinate entity to the state government, it cannot pass its own stricter rules/laws regarding firearms. (someone help me with the relevant statute that prohibits lesser governing entities from imposing their own stricter handgun laws).

[BrianSW99]

What is an "unlicensed handgun"? No such classification that I know of under Texas law. Don't need a license to own a handgun. And since a state university is a subordinate entity to the state government, it cannot pass its own stricter rules/laws regarding firearms. (someone help me with the relevant statute that prohibits lesser governing entities from imposing their own stricter handgun laws).

I would guess that in this case "unlicensed" would mean people who don't have either a CHL, private security officer license, or peace officer license. I'm not sure that the pre-emption law would apply to a state university. It's GC 229.001 that you're thinking about, but it only mentions municipalities:

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

[coog83]

Carry it with you in the car, lock it up and zip yer lips. If you don't say anything, they will be none the wiser. You're not breaking the law by having it in your car in the garage, only the school's policies. You can't have it in a building on campus legally, but at least you can have it in your car. It's not like they don't try to carjack down here at UH where I go! It's happened before. There are usually a couple robberies a week lately. However, I like to think Aggies and even Aggie criminals are better folks than that! (Wish I could have gotten into A&M.)