Texas-Book-Gun Law Armed And Educated - Flipbook - Page 352
Texas Penal Code Section 30.06, but the institution cannot make a
universal prohibition on handguns being carried on campus. See Tex.
Gov’t Code § 411.2031(d) and (d-1).
If the president adopts an anti-handgun policy that results in a general
prohibition, they may be violating Texas Government Code 411.209
when they prohibit LTC holders from carrying. What is a person to do
if they find themselves at a public university campus that has a general
prohibition for LTC holders? A rule that acts as an unreasonable ban
on an LTC holder carrying into the buildings may open the door to an
official complaint followed by a lawsuit from the attorney general of
the State of Texas.
In contrast to a public institution, a private institution of higher
learning retains the right to create a universal prohibition against
LTC holders carrying concealed handguns into buildings where
a sponsored activity is taking place as well as a passenger
transportation vehicle of an institution of higher learning. If a
private institution chooses to prevent LTC holders from carrying
concealed handguns, it must provide proper trespassing notice
under Texas Penal Code Section 30.06. See Tex. Gov’t Code
§ 411.2031(e).
What kind of restrictions can a college or university adopt?
After consulting with students, faculty, and staff, the president of
the public or private institution of higher learning may establish
“reasonable rules, regulations, or other provisions regarding the
carrying of concealed handguns by license holders…” while on
campus. See Tex. Gov’t Code §§ 411.2031 (d-1), (e). The rules may
prohibit LTC holders from carrying into specific areas of campuses,
or any grounds or buildings where an institution sponsored activity is
Law Of Handgun Carry: Part III 341
