CHL incident question

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  • eriadoc

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    I attend college at Houston Community College, and I have searched high and low, but cannot find a 30.06 sign. Since it's a public school, I don't think one is necessary? Not sure about that. Anyway, there's text on each of the entry doors that says "Firearms Prohibited" with a pic of a pistol crossed out. Regardless if it meets legal requirements, the college has indicated their intention.

    In class the other night, the instructor's concealed firearm became uncovered for everyone to see. And everyone did see, for the several minutes that he was preoccupied writing on the board. Personally, I'm happy he was carrying, but some of my dum ... err, liberal classmates were openly aghast. So I'm sure someone will report it to the school. What I want to know is what are the potential consequences here? TIA.
     

    DoubleActionCHL

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    Without written permission, possession of a firearm by a non-LEO on the premises (building or part of a building) of a school (includes college or university) is a felony.
     

    TxShooter

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    Without written permission, possession of a firearm by a non-LEO on the premises (building or part of a building) of a school (includes college or university) is a felony.
    You might be suprised how many officers teach college courses at community colleges. There is also the possibility of the instructor being a reserve officer for an agency and also be allowed to carry under those circumstances
     

    JKTex

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    I attend college at Houston Community College, and I have searched high and low, but cannot find a 30.06 sign. Since it's a public school, I don't think one is necessary? Not sure about that. Anyway, there's text on each of the entry doors that says "Firearms Prohibited" with a pic of a pistol crossed out. Regardless if it meets legal requirements, the college has indicated their intention.

    In class the other night, the instructor's concealed firearm became uncovered for everyone to see. And everyone did see, for the several minutes that he was preoccupied writing on the board. Personally, I'm happy he was carrying, but some of my dum ... err, liberal classmates were openly aghast. So I'm sure someone will report it to the school. What I want to know is what are the potential consequences here? TIA.

    You're talking about just an employee of the school? Someone that teaches some general subject there right?

    It's not for you to worry about, as he/she should have already covered their rear end. Some schools have quietly approved CHL holding faculty to carry concealed on campus.
     

    DoubleActionCHL

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    You might be suprised how many officers teach college courses at community colleges. There is also the possibility of the instructor being a reserve officer for an agency and also be allowed to carry under those circumstances

    Indeed, I might be, but it is a felony, nonetheless. The exception being, as I stated, if he or she is a law enforcement officer; reserve officer qualifies.
     

    JKTex

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    Why not cut through all the speculation and just ask the guy after class?

    Oh come on. Are you serious?? That's crazy talk. If he did that, this thread would never have been started and the 100's of opinions and what-if's and arguments that are bound to be on the way would never happen!!!
     

    eriadoc

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    Why not cut through all the speculation and just ask the guy after class?

    Ask him what, exactly? I spoke with him after class, and I am the one who alerted him to the problem. He is a CHL holder.

    My question, as clearly stated in the first post, is what are the potential consequences? I'm not sure asking him is going to answer that question. Regardless, my question was answered a few posts ago. Thanks.
     

    40Arpent

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    Ask him what, exactly? I spoke with him after class, and I am the one who alerted him to the problem. He is a CHL holder.

    My question, as clearly stated in the first post, is what are the potential consequences? I'm not sure asking him is going to answer that question. Regardless, my question was answered a few posts ago. Thanks.

    Apologies, I was being a little facetious (fecalish?). ;) Your question about consequences leads, obviously, to the question of whether or not he is a peace officer. Your first post did not indicate that he was merely a civilian CHL holder.

    Did he say if the school allows it? If the school does not, then his actions sure don't help our 2nd Amendment cause.
     

    eriadoc

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    He isn't a peace officer. He is an engineer by day and faculty by night. I didn't get into asking him if he had express written consent, but I have asked the campus administration office if they allow CHL holders to carry concealed and they said absolutely not.
     

    JKTex

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    Ask him what, exactly? I spoke with him after class, and I am the one who alerted him to the problem. He is a CHL holder.

    My question, as clearly stated in the first post, is what are the potential consequences? I'm not sure asking him is going to answer that question. Regardless, my question was answered a few posts ago. Thanks.

    His suggestion was valid based on your post. You left this information out the first time. Knowing that, the law is the law but no one knows if he had authorization or not. Therefore, asking him is still the only way to know.

    The little sign they have up means nothing. It can't keep you from carrying. The law however, prohibits you from carrying unless conditions are met. For the most part, those sign are only signs reminding criminals and those otherwise unlawfully carrying, that they are committing a crime. To which most would say, "Duh! Ya think committing a crime is illegal?".
     

    JKTex

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    He isn't a peace officer. He is an engineer by day and faculty by night. I didn't get into asking him if he had express written consent, but I have asked the campus administration office if they allow CHL holders to carry concealed and they said absolutely not.

    In that case, unless he had permission, he was committing a crime of unlawful carry. Concealed is concealed and he got sloppy which was a risk on his part. He ought to be begging you to have mercy and not turn him in. :p (just kid'n, but if you have a need for some grade consideration.... )
     

    DoubleActionCHL

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    He isn't a peace officer. He is an engineer by day and faculty by night. I didn't get into asking him if he had express written consent, but I have asked the campus administration office if they allow CHL holders to carry concealed and they said absolutely not.

    I wouldn't ask your teacher because, frankly, it's none of your business. I wouldn't ask the administration office because you may be inadvertently drawing attention to yourself as one of those evil guys with a gun. Personally, unless you become friends with the instructor and can discuss this subject without crossing personal boundaries, I'd leave it alone.
     

    txinvestigator

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    In that case, unless he had permission, he was committing a crime of unlawful carry. Concealed is concealed and he got sloppy which was a risk on his part. He ought to be begging you to have mercy and not turn him in. :p (just kid'n, but if you have a need for some grade consideration.... )

    Actually the offense is "Places Weapons Prohibited" and it is a felony.

    The OP could arrest the guy, since any person can arrest for a felony committed in his presence or view.
     

    Shorts

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    For folks not up to speed on "why" this CHL holder is acting illegally*...someone edit me if I'm incorrect (I'm still getting myself up to speed):





    § 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;





    § 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
    HOLDER.
    (a) A license holder commits an offense if the license
    holder carries a handgun on or about the license holder's person
    under the authority of Subchapter H, Chapter 411, Government Code,
    and intentionally fails to conceal the handgun.
    (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:
    (1) on the premises of a business that has a permit or
    license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
    Beverage Code, if the business derives 51 percent or more of its
    income from the sale or service of alcoholic beverages for
    on-premises consumption, as determined by the Texas Alcoholic
    Beverage Commission under Section 104.06, Alcoholic Beverage Code;
    (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;



    * "acting illegally" wording was intentionally chosen over the "was wrong". When defining actions, it is prudent to use terms conveying legality. Moral turpitude, as I understand it, is base or vile conduct, contrary to accepted morals, that accompanies a crime. Case in point: Melanie Hain, the PA "soccer mom packing heat".
     

    JKTex

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    Actually the offense is "Places Weapons Prohibited" and it is a felony.

    The OP could arrest the guy, since any person can arrest for a felony committed in his presence or view.

    I started but deleted that it was a felony because although I thought it was, I knew you'd straighten us out.

    So now for the arrest....should the OP, knowing the instructor is armed, draw his concealed weapon to equalize the situation until an LEO shows up?
     

    40Arpent

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    I wouldn't ask your teacher because, frankly, it's none of your business.

    I guess I see it differently. I'd be all up on his a$$ (in private, of course) for committing a felony that makes the rest of us CHL holders look bad in front of the anti-gun crowd. Unless doing so would negatively affect my grade...
     

    Shorts

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    I guess I see it differently. I'd be all up on his a$$ (in private, of course) for committing a felony that makes the rest of us CHL holders look bad in front of the anti-gun crowd. Unless doing so would affect my grade...



    I think I'm on that side right there But really though, we should hold each other accountable. I know guns are a personal thing, but we all knows the joys and struggles and sadly the negative connotations and long fight we have to keep our rights. Gun ownership is a brotherhood of sorts and we need to be vigilant in "keeping our room clean".


    Approaching the subject has to be done properly, in the right attitude and using non-offensive or accusatory wording. Its as easy as "Excuse me, Prof, just wanted to let you know that your shirttail came up and exposed your carry today in class when you were writing on the chalk board". Then go on about the conversation from there. Keep it friendly, it's not a witch hunt.


    Of course, we don't know what side of the fence the OP is on in regards to guns or even CC and that will GREATLY influence how he would approach and address the instructor.
     
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