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Hit this poll!!! Texas campus carry

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  • txinvestigator

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    There seems to be a large contingency that would disagree with you....

    What contigency would that be, and with what do "they" disagree?

    The article speaks of carry "at campuses". Campus carry is legal NOW. Carry inside buildings is not legal, and the article never differentiates.

    The poll is vague and meaningless.
     

    Texan2

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    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;
    (f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

    Our prosecutor insists that the above would include a college.
    Do you guys have something that I can use to prove him wrong?
     

    carneyman

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    What contigency would that be, and with what do "they" disagree?

    The article speaks of carry "at campuses". Campus carry is legal NOW. Carry inside buildings is not legal, and the article never differentiates.

    The poll is vague and meaningless.
    As far as I know, you cannot carry on any land owned by the college. This includes the parking lots, the sidewalks, and the streets on campus's. This coming from the UPD wesite.

    Dangerous Weapons on Campus As a component of the University of Texas System, The University of Texas at Tyler in an institution of higher education, complete with training and teaching centers and students. It is in the interest of the safety of students, employees and visitors, that there is no tolerance for dangerous weapons on the campus of the University of Texas at Tyler. A dangerous weapon is described as any firearm, explosive device or illegal knife. The campus is described as the grounds upon which the University is located, as well as the buildings and vehicles within that boundary. To possess a dangerous weapon means to have that weapon under your control while on campus.Section 46.03 of the Texas Penal Code states that "A person commits an offense if, with a firearm, or explosive weapon, or illegal knife, he intentionally, knowingly or recklessly goes on the premises of a school or educational institution, whether public or private, unless pursuant to written regulations or written authorization of the institution and that offense under this section is a third degree felony". The fact that a person is licensed to carry a concealed firearm does not give him or her legal standing to carry a firearm into any building on the campus of the University of Texas at Tyler. Remember that it is in the interest of the safety of our students, employees and visitors that this regulation will continue to be enforced. There is never an excuse for bringing a dangerous weapon into any building on campus. There are no exceptions to this regulation.

    http://www.uttyler.edu/police/campsecact.htm#DangerousWeaponsonCampus
     

    Texan2

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    As far as I know, you cannot carry on any land owned by the college. This includes the parking lots, the sidewalks, and the streets on campus's. This coming from the UPD wesite.



    UT Tyler


    Their website only quotes their POLICY, which is not law. They can kick you off campus for violating policy, but not arrest you.

    I am just wondering if there is case law that clarifies 46.03 PC, and says that it is not illegal to carry on a college campus?
     

    Texan2

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    As I read it, it is considered a felony to bring a weapon on campus.
    The felony part is quoted from PC 46.03, which I referenced earlier in the thread. The rest of the their site is just their policy, which means very little to me or the general public.
    It really only applies if you are a student...the Texas Penal Code applies to all of us.
     

    carneyman

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    The felony part is quoted from PC 46.03, which I referenced earlier in the thread. The rest of the their site is just their policy, which means very little to me or the general public.
    It really only applies if you are a student...the Texas Penal Code applies to all of us.

    Yeah, after going back and reading, I found that I mistook what they had written. It makes you wonder though, because I know of people that have been arrested for having guns in their vehicles on campus. Don't think they were ever actually charged though.
     

    Texan2

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    Yeah, after going back and reading, I found that I mistook what they had written. It makes you wonder though, because I know of people that have been arrested for having guns in their vehicles on campus. Don't think they were ever actually charged though.
    When you are arrested, you ARE charged...that is why you are arrested.
    What probably happened is that they got their case dismissed....
    I have seen that happen when it was an honest mistake with a hunting weapon of some sort, especially in rural areas.
     

    carneyman

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    Feb 23, 2008
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    When you are arrested, you ARE charged...that is why you are arrested.
    What probably happened is that they got their case dismissed....
    I have seen that happen when it was an honest mistake with a hunting weapon of some sort, especially in rural areas.

    Yeah, should have said convicted...eh, its late and I feel like crap.
     
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