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CC at Private University.

Posted: Sat Jul 28, 2018 12:21 pm
by jonmo1
I know many Private Schools can and have opted out and continue to ban concealed carry.
But the term Opt out means you’re IN otherwise. So can we assume you can carry unless it’s .06 posted? Is it unreasonable to expect the LTC holder to know which schools have or have not opted out?

I’m asking because there is a Disc Golf course that goes through Texas Lutheran campus here in Seguin. So it’s really only the common areas.

Re: CC at Private University.

Posted: Sat Jul 28, 2018 12:55 pm
by JustSomeOldGuy

Re: CC at Private University.

Posted: Sat Jul 28, 2018 1:02 pm
by spectre
Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

Re: CC at Private University.

Posted: Sat Jul 28, 2018 1:53 pm
by JustSomeOldGuy
However,
https://www.seguintexas.gov/departments ... course.php and
https://www.seguintexas.gov/Parks%20&%2 ... %20Map.pdf
both imply that the property is under the ownership/control of City of Seguin Parks and Recreation Department.

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Re: CC at Private University.

Posted: Sat Jul 28, 2018 2:13 pm
by jonmo1
JustSomeOldGuy wrote: Sat Jul 28, 2018 1:53 pm
However,
https://www.seguintexas.gov/departments ... course.php and
https://www.seguintexas.gov/Parks%20&%2 ... %20Map.pdf
both imply that the property is under the ownership/control of City of Seguin Parks and Recreation Department.

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That’s a different DG course. And I actually do like that one better, but there’s some construction or something happening there now. So options are nice.

I agree with post above that they need to be .06 posted.
If they’re not effectively posted, then the LTC holder should get a benefit of the doubt.

Re: CC at Private University.

Posted: Sat Jul 28, 2018 10:09 pm
by Oldgringo
Troll fiddle faddle......?

Re: CC at Private University.

Posted: Sat Jul 28, 2018 10:58 pm
by srothstein
I just wanted to point out that the law still requires the property to be posted with appropriate 30.06/07 signs. I would look for them by the driveway entrances to the campus.

If the course is partially off campus and partially on campus, I would expect to see signs at the entrance where the people playing the course enter campus. If they are not there, it is not proeprly posted and you have a strong defense, IMO. Of course, knowing that the campus is opting out, I suggest you leave the weapon in the car or at home for that day (to be safe and to honor the stated property owner's wishes).

Re: CC at Private University.

Posted: Sun Jul 29, 2018 10:52 am
by oohrah
If you are a visitor to the private campus (not staff or faculty), it is not incumbent on you to know if the campus has opted out. They must post 30.6 to give effective, otherwise, you have not been notified.

On my private campus (recently retired), not all buildings were posted 30.06, only some of the larger ones, and the library, and the entrance to the grounds was not posted. One could also imply that the intent was not to ban carry everywhere (sea lawyering here), but how are you to know their intent? Again, if you are not given legal effective notice through 30.06, you are not in violation, IMHO.

When the law went into effect, all faculty and staff were given effective notification, so we were prohibited outright, even without 30.06. And just ot mention, posting 30.07 is moot, becasue it is statutorily profited to open carry on any campus.

Re: CC at Private University.

Posted: Sun Jul 29, 2018 5:42 pm
by C-dub
IMHO, there is also a slight bit of confusion as to just what the "campus carry" law allows. An LTC/CHL already could carry on the campus, but not inside any of the buildings, which is what campus carry allows.

So, for a disc golf course that doesn't run through any of the buildings and probably isn't even owned or operated by the school, I would think that CC while playing would be just fine. As long, of course, that the owners of the disc golf course have properly posted their course to prohibit CC and or OC.