I wrote the previous post in April of last year when the Texas state legislature was considering the bill that will allow licensed handgun carriers to carry into the buildings on college and university campuses.
The legislation passed but…
There is always a ‘but’ in the somewhere isn’t there?
…but the law was set not to go into effect on September 1st, 2015 like every other law passed that legislative session. To get this legislation passed, a concession had to be made. Those opposed to it cried, “give us more time to be ready for this!”
So, the law’s effect date was stayed for one year…that stay is up this August and folks are starting to howl.
Three UT professors sue University, state over campus carry law https://t.co/MA9fP9IEiL
— Concealed Carry News (@carryconcealed) July 7, 2016
Now, these ‘professors’ haven’t done their homework very well. They don’t have a very clear understanding of the particulars.
Up until now, guns have been allowed on campus…you heard me right…you could drive onto campus with your licensed handgun. You could get out of the car and walk around with your licensed handgun. You just couldn’t go into any of the buildings. The buildings were statutorily off-limits.
What this new law does, it allows licensed people to carry their handguns into the buildings. This would cease to require someone who chooses to arm themselves for defense of their person to disarm in the car and walk however far it is from where they parked to their classroom (and back) unarmed.
Those old enough to apply for and obtain a license are the older students and, more than likely, doing this unarmed walk at night.
The original arguments were to the effect of the irresponsible frat parties and drinking making the carry of firearms unsafe. But I debunked that in my previous post.
Now, the argument is that if a professor gives an armed student a ‘B’, he might get shot for it. Or that
“Robust academic debate in the classroom inevitably will be dampened to some degree by the fear that it could expose other students or themselves to gun violence,” – statement made in the lawsuit
As to their lack of understanding as to the new law, they made this statement.
“There is a constitutional right under the Fourteenth Amendment’s Due Process Clause not to be subjected to civil punishment based on laws and policies that are too vague to admit of consistent and coherent application,” the suit reads. “The state officials have a constitutional obligation to show that there is a rational basis for the dividing lines it has established for where concealed carry must be permitted and where it may be prohibited … This the state officials cannot do and, therefore, their rules violate the equal protection rights of Plaintiffs.”
The only statutorily off-limits areas now are the athletic facilities while collegiate sporting activities are going on.
All other areas are areas that the school itself has declared to be prohibited areas. It is against the law for a school to ban guns in all buildings but they can ban them on a building by building basis.
Senate Bill 11Effective: August 1, 2016
Caption: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education; providing a criminal penalty.
- Authorizes a license holder to 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. Open carrying of handguns is still prohibited at these locations.
- Authorizes an institution of higher education or private or independent institution of higher education in this state to establish rules, regulation, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.
- Requires the president or other chief executive officer of an institution of higher education in this state to establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus or on specific premises located on the campus.
- Authorizes posting of a sign under Penal Code Section 30.06 with respect to any portion of a premises on which license holders may not carry.
- The effective date of this law for a public junior college is August 1, 2017
From the website of the Texas Department of Public Safety
The link in the quoted statement is to the Texas Penal Code regarding campus carry.
So, they can, within the law, designate buildings to be off-limits for carrying of a handgun by posting signs to that effect. If they abuse the right and ban licensed carry in most all of their buildings, you will probably see that abuse noted and discussed in this up-coming legislative session. They would be shooting themselves in the foot proverbially…lol.
So, before everyone gets their panties in a wad, lets get a clear understanding of the situation, ok?
That’s not how things are done nowadays though. Everything is based on emotion without much thought to logical rationale. I have said it before, but I will say it again. Irrationality irks me. Feel free to disagree with me…I won’t shoot you. But at least be able to articulate why you disagree with me.
As always, y’all stay safe and keep a round in the chamber.