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Legal or not?

Posted: Fri Mar 02, 2012 8:04 pm
by PrideAndJoy54
This is one of the places the wife and I like to go walking. This walking path is the remnants of the old golf course that was there. She thinks we are doing it to lower my blood pressure but I try not to let her know I enjoy it. :mrgreen:

My question is, is it legal to carry here since it is on University of North Texas property? We park off the public street indicated by the red P.

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Re: Legal or not?

Posted: Fri Mar 02, 2012 8:12 pm
by Ameer
Probably legal, assuming you have a CHL and stay out of building and avoid school sporting events.

Re: Legal or not?

Posted: Fri Mar 02, 2012 10:37 pm
by fgspiderman
Ilegal! I go to UNT, and i was told by UNT police that it was illegal. Call then, They are always very helpful.
http://www.unt.edu/police/" onclick="window.open(this.href);return false;

Re: Legal or not?

Posted: Fri Mar 02, 2012 10:47 pm
by tallmike
Fgspiderman-
Did the officer explain how it might be illegal?

Re: Legal or not?

Posted: Fri Mar 02, 2012 10:58 pm
by mgood
tallmike wrote:Fgspiderman-
Did the officer explain how it might be illegal?
Right, I'd be interested in hearing that.

Re: Legal or not?

Posted: Fri Mar 02, 2012 11:03 pm
by RPB
mgood wrote:
tallmike wrote:Fgspiderman-
Did the officer explain how it might be illegal?
Right, I'd be interested in hearing that.
Inquiring minds want to know ;-)

Looking at the bottom of that page, it does not appear to be a private property with valid/legal/enforceable 30.06 postings, but State Property.
It's legal unless you go in a building or at a school function/sport/activity however it's worded.
However, the school may have a "rule" "policy" or "preference" sort of like you should wear school colors ... but Unless there's some other reason I'm not seeing, like it's all a Federal Post office/Army land / etc ... how could it be illegal?

I know of no college where it's illegal on the grounds, except like at a sport activity etc.

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 46.03. PLACES WEAPONS PROHIBITED.
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;
(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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, 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;
(f) In this section:
(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.


Perhaps the Officer said "it's illegal on the premises" as a standard answer, to have anti-gun people "feel good" and unlicensed people not bring concealed handguns guns on campus illegally... and that answer is true ...(And the "average guy" wouldn't know that premises is in a building/portion of a building, but CHLs look it up eventually ;-) )

Is there any reason I'm not seeing that it would be illegal?
Looks legal as long as you are walking around outside, not entering buildings/attending school activity sports thingys to me

Re: Legal or not?

Posted: Fri Mar 02, 2012 11:04 pm
by apostate
I'll take Cite the Statute for $400, Alex. ;-)

[youtube]http://youtube.com/watch?v=-Q0TRrN08ow[/youtube]

Re: Legal or not?

Posted: Sat Mar 03, 2012 1:29 am
by drjoker
fgspiderman wrote:Ilegal! I go to UNT, and i was told by UNT police that it was illegal. Call then, They are always very helpful.
http://www.unt.edu/police/" onclick="window.open(this.href);return false;
As Russell pointed out, it is totally legal, BUT, since police officers are not lawyers, they are not arresting people because they broke the law, but arresting people because they THOUGHT that you broke the law. In other words, if they feel like it, you'll be arrested. I've seen another person on the board (either this one or THR) said that he was arrested for carrying on the school grounds but not inside the building. It was totally legal, but he had to defend himself in court and spend money to get out of jail. In other words, you will beat the rap but you'll still have to take a ride.

In cases like these were it is legal but a yahoo may arrest you anyways, then I suggest that you carry a very small and concealable.380 or .22 for your CCW. If you have a .22, then carry that. There's no need to buy another gun. If you don't have a pocket pistol, then get a .380 because they are a lot more effective than a .22. However, at the end of the day, no thug is ever going to ask you if it is a .22 that you're carrying. A gun is a gun and any gun will work, given proper shot placement. Go see "Swamp People" on cable TV. Everyone on that show hunts with a .22, often dispatching a gator at close range, while the gator is charging with only one shot. With a .380, you may practice COM shots, but with a .22, I'd use a Red Bull can swinging on a string in the wind for practice. The Red Bull can is thinner than a regular soda can. It is roughly the thickness of a human spinal cord or medulla (base of brain). The movement of the can in the wind simulates a moving target in a gunfight. If you can quick draw and point shoot a moving Red Bull can, then you're ready, grasshopper.

Re: Legal or not?

Posted: Sat Mar 03, 2012 2:36 am
by DFWTT
Legal, unless school sponsored activity or entering building. IANAL but the statute was already cited. If in doubt, carry a copy when venturing into this area, cover yourself.

Re: Legal or not?

Posted: Sat Mar 03, 2012 10:30 am
by Heartland Patriot
If it is not illegal by Penal Code, then concealed means concealed. The only reason I don't take my weapon in my vehicle to where I attend school is the police training facility on the same parking lot...and the police dogs that they sometimes bring around. Those dogs have some SENSITIVE snouts. I doubt they will have working dogs on that land you are talking about.

Re: Legal or not?

Posted: Sat Mar 03, 2012 10:45 am
by The Annoyed Man
fgspiderman wrote:Ilegal! I go to UNT, and i was told by UNT police that it was illegal. Call then, They are always very helpful.
http://www.unt.edu/police/" onclick="window.open(this.href);return false;
Heartland Patriot wrote:If it is not illegal by Penal Code, then concealed means concealed.
THIS.

fgspiderman, go back and read your CHL handbook, compiled by the state of Texas.....which over-rides any local ordinance......on top of which, police officers are NOT allowed to write the law in the field.

Re: Legal or not?

Posted: Sat Mar 03, 2012 7:29 pm
by PrideAndJoy54
Has anyone ever heard of a successful lawsuit by a CHL holder for false arrest?

Re: Legal or not?

Posted: Sat Mar 03, 2012 7:31 pm
by Keith B
PrideAndJoy54 wrote:Has anyone ever heard of a successful lawsuit by a CHL holder for false arrest?
There have only been a couple of incidents I am aware of where someone was arrested for legal concealed carry and in both of those cases the DA dropped the charges. I don't believe they ever went to court even on civil damages.

Re: Legal or not?

Posted: Sat Mar 03, 2012 7:38 pm
by C-dub
Keith B wrote:
PrideAndJoy54 wrote:Has anyone ever heard of a successful lawsuit by a CHL holder for false arrest?
There have only been a couple of incidents I am aware of where someone was arrested for legal concealed carry and in both of those cases the DA dropped the charges. I don't believe they ever went to court even on civil damages.
Yup. No successful lawsuit for a CHL for false arrest because the DA's were smart enough to drop the charges before they cost their cities a bundle of money.