SB11 also opens up schools and college sporting events?

[mloamiller]

SB11 just passed the Texas Senate and will likely be passed by the House in a couple of months. It seems pretty clear:

[Sec. 411.2031.CARRYING OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN CAMPUSES.
(a) For purposes of this section:
(1)"Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education.
(2)"Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(3)"Premises" has the meaning assigned by Section 46.035, Penal Code.
(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.

However, it also includes a couple of very interesting changes related to 30.06 signs:

(g)This section does not permit a person to possess a concealed handgun, or go with a concealed handgun, on the premises of a preschool, elementary school, or secondary school that is located on the campus of an institution of higher education or private or independent institution of higher education if the institution gives effective notice under Section 30.06, Penal Code.

SECTION 4.Section 46.035, Penal Code, is amended by adding Subsection (l) to read as follows:
(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.

This seems to imply that you are allowed to carry in these instances (school on a college campus, college sporting event) unless it is 30.06 posted. That's very different from the current laws that state you can't carry in those locations period; 30.06 is not required.

[mr1337]

(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;

The real question to to determine if a school located on campus qualifies as "premises of an institution of higher education or private or independent institution of higher education."

"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.

So would a school qualify as a building or portion of a building of an institution of higher education? Maybe. Maybe not. Maybe it depends on who owns or leases it. It sounds like a grey area. But why would they feel the need to input the changes to the 30.06 sign on school property.

I might argue that if the building is leased or owned by the university/college, that would make it a premises of the college. And by adding subsection (g) specifying the need to post a 30.06 sign, it solidifies my argument that those buildings are in fact considered university/college buildings.

In reality though, I wouldn't touch it with a 10-foot pole. Not without first discussing it with a lawyer that's very familiar with 2A law and how these things are defined. If it affected me, I would probably call up [Pre-paid legal service] (of which I am a member) and ask the lawyers there. But I'm unlikely to do so, and posting their opinion for other members here might be counter-intuitive because it would still not be legal advice, it would be hearsay.

[mloamiller]

... I would probably call up [Pre-paid legal service] (of which I am a member) and ask the lawyers there.

I'm a member as well but didn't know they would answer questions like this. Have you done that before, and have them give you a good answer?

[mr1337]

... I would probably call up [Pre-paid legal service] (of which I am a member) and ask the lawyers there.

I'm a member as well but didn't know they would answer questions like this. Have you done that before, and have them give you a good answer?

No, I haven't. But one of the perks they advertised when I signed up was that you could contact them with firearm law related questions and they would answer them for you.

Keep in mind though, that they won't be defending you if you get arrested for carrying on school grounds. Their coverage only covers uses of firearms - that is: if you had to draw or shoot someone.

[TexasCajun]

SB11 just passed the Texas Senate and will likely be passed by the House in a couple of months. It seems pretty clear:

[Sec. 411.2031.CARRYING OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN CAMPUSES.
(a) For purposes of this section:
(1)"Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education.
(2)"Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(3)"Premises" has the meaning assigned by Section 46.035, Penal Code.
(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.

However, it also includes a couple of very interesting changes related to 30.06 signs:

(g)This section does not permit a person to possess a concealed handgun, or go with a concealed handgun, on the premises of a preschool, elementary school, or secondary school that is located on the campus of an institution of higher education or private or independent institution of higher education if the institution gives effective notice under Section 30.06, Penal Code.

SECTION 4.Section 46.035, Penal Code, is amended by adding Subsection (l) to read as follows:
(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.

This seems to imply that you are allowed to carry in these instances (school on a college campus, college sporting event) unless it is 30.06 posted. That's very different from the current laws that state you can't carry in those locations period; 30.06 is not required.

SB 11 creates a distinction between public and private universities so that public universities that aren't attached to teaching hospitals or schools would not be able to post 30.06 signs. But like other businesses located on private property, private universities would be allowed to post 30.06. The distinction doesn't matter right now because carry in all university buildings is currently prohibited. Likewise, the connection to hospitals or schools doesn't need to be distinguished due to current law, but was addressed within the proposed bill.

[TVegas]

IANAL, but based on the language of the bill, I would say that it does in fact allow you to carry in those locations as long as they are not posted 30.06. That being said, I still would not want to be a test case and this also raises questions about government postings of 30.06. If the state can't post 30.06 at state owned buildings, I would assume that applies to a sporting venue on a public college campus or buildings housing daycares, etc.

Also, it's important to recognize that if you read "institution of higher learning" in any of these bills it means a public college or university (unless otherwise stated, the word "public" is not necessary), that is why they also include "or private or independent institution of higher education".