This topic contains 9 replies, has 9 voices, and was last updated by Dale Glebe 9 years, 10 months ago.
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Allow CHL holders to carry weapons on campus at institutions of higher education
Started by Greg Abbott
Allow CHL holders to carry weapons on campus at institutions of higher education, subject to appropriate limits, at the option of the boards of regents of public institutions of higher education, and the internal decision-making of private institutions of higher education.
As of July 2013, Texas is one of only 22 U.S. states that currently prohibits the carrying of concealed weapons on college campuses. Under current law, carrying a concealed handgun on the campus of an institution of higher education is a third degree felony. Enacting open carry laws would not address this problem, since the carrying of weapons on the grounds of educational institutions continues to be restricted by other law (e.g., Texas Penal Code 46.03(a)(1)), as well as by rules adopted at individual public and private educational institutions.
Legislation proposed in 2013, would have authorized public or private institutions of higher education to determine whether to allow individuals who hold CHLs to carry handguns on premises owned or leased by the institution. The bill would have allowed the institutions to develop policies related to storage of handguns in dormitories and the carrying of such guns at collegiate sporting events. The bill also excluded hospitals, primary, and secondary schools located on the premises of higher education institutions from its provisions, and establishes that an employee of a higher education institution, a peace officer, or a handgun instructor may not be held liable for damages under the provisions of the bill.
The Second Amendment rights of college students, professors, and employees should be strengthened by allowing institutions of higher education to permit CHL holders to carry handguns on campus. The final decision could be left up to the individual institutions, thereby allowing for local control and a dialogue between college leadership, students, and other interested parties.
Note that Senate Bill 1907 (Hegar), allowing weapons to be stored in private vehicles on the campuses of public or private institutions of higher education, was passed by both houses of the 83rd Legislature and has been enrolled as law. However, this first step does not fully realize campus carry.
Allowing CHL carriers to carry weapons on campuses would make any person with nefarious intent aware that his intended victims might be equipped to respond in kind. Allowing institutions of higher education to determine for themselves whether to adopt such a policy (by allowing public institutions to opt out of campus carry requirements, and by imposing no requirement on private institutions but allowing them to opt in) removes any fear of top-down interference by the state government. A strong campus carry policy should be enacted.
You will need to login to join the discussion.9RepliesMike Frank, 11 years ago
I have to disagree. Texas should be a leader and not a follower. Texas should be the first state to come out and say we are going to uphold the constitution as written, including the 2A. Shall not be infringed is a very specific term and one that not a single state or fed seem to understand, sShall not be infringed means what it says. Texas should embrace a constitutional approach to the 2A and abolish all gun laws and restrictions.
Mike Goldman, 11 years ago
Mr. Frank,
Thank you for your thoughts.
How would a “constitutional approach” the the Second Amendment differ from the “We the People” approach of enacting open carry and campus carry laws?
Most of the amendments in the Bill of Rights have certain limitations. For example, although the First Amendment provides that “Congress shall make no law…. abridging the freedom of speech,” a person is still prohibited from committing libel or slander, participating in a criminal conspiracy, or sharing national security secrets with foreign powers. Do you believe that the Second Amendment similarly has certain limitations, despite the language of the amendment?
Mike Goldman
Policy Analyst, Texans for Greg AbbottMike Frank, 11 years ago
A “constitutional approach” is just that, following the constitution. I am not real sure what the “we the people” approach is but if it differs from a “constitutional approach” then I am not sure I would follow it.
We know from reading the federalist papers and other writing from our founders that they were firm believers in each individual being armed with the latest in weaponry at all times in order for them to not only hunt for sustenance but primarily to defend themselves from those that would do them harm, whether it be bandits or governments. I know I keep harping on this, but it is the reason that the 2A ends the way it does. “Shall not be infringed” is very strong wording, and by reading what the founders penned we know that it means what it says.
I firmly believe, as many 2A supports do, that any and all of the current laws on the books dealing with firearms, to include ammo and accessories, is unconstitutional.
Now I do think it is a good thing to keep guns out of the hands of criminals, but lets face it, the majority of firearms used in crimes were gotten illegally to begin with and no amount of laws has or will change that fact. All those laws have done is make it harder for law abiding citizens to obtain firearms themselves. It has been proven time and again that personal gun ownership has and does reduce crime, and also the carrying of concealed weapons has increased those numbers.
If our state or even fed could pass a law that would bar all evil doers from obtaining a firearm while not inhibiting everyone else’s access to those same weapons I would be all for it, as I assume most people would be. But we have to face facts, no law, no matter how well written or implemented will stop those bent of doing evil from obtaining firearms. Make it a little harder, maybe, but not stop them. Firearm laws hurt the good people and do nothing to the evil people.
No matter what all the well-intended think, there is no law that will curb gun violence. Gun violence is a socio-economic problem. It’s a lack of a good education system, broken homes, absent parents, over worked parents, parents who shouldn’t be parents in the first place, a government that is oppressive, over tax, over regulate, and over spend. Its role models who come from a gang banger background, and TV. Its kids who can recite an entire Kardashian sister’s sexual history, but can’t recite the pledge of allegiance or the Star spangled banner. It’s a culture of get rich and get famous without wanting to put in the work to get there. Sorry //rant off What I am getting at is that there is a lot of causes of gun violence, but the gun isn’t one of them.
I pretty much answered the last part of your question, no I do not believe that there are limitation on the 2A. IMO just because the government has limited our rights, and a government judge says they can, does not make it right, just, or constitutional.
Our rights are natural rights, meaning they do not come from a person or government. We are born with them, and they can only be taken if we surrender them.
Kyle Arslanian, 11 years ago
This is nothing but smoke and mirrors. Allow concealed carry in ALL state municipalities!
I recently moved to Texas from Utah which is a state that truly understands and respects the 2nd amendment. The state of Utah allows a licensed individual to conceal carry in any state funded institution from elementary schools to universities and hospitals. This is the path that Texas should follow. I submit that privately owned companies, businesses, or universities should have the freedom to adopt whichever regulations it deems necessary regarding firearms; however, state funded public institutions should NOT have the option to enact their own regulations. Giving public institutions the option to choose their own firearm regulations is nothing more than smoke and mirrors in an insincere attempt to appear pro 2A while doing absolutely NOTHING to give more freedom to law abiding citizens.
Universities are notoriously anti-gun and Texas universities are no exception. I attended the University of Utah and conceal carried every day despite the anti-gun sentiment from the university because I was protected by state law. If the university could legally prohibit the carrying of arms, they would. The same goes for Texas universities. I have full confidence that the vast majority of universities will not permit the carrying of arms on their campuses if given the opportunity to decide for themselves; thereby making this all for show.
If a state passes a law granting rights to individuals, that law should be upheld in any and all state funded institutions. Why should my right to protect myself end when I step into a publicly funded classroom? This is a right that should be guaranteed by the state by passing a law allowing the concealed carrying of arms in all public municipalities. If my tax dollars help fund it, then I demand to be allowed to exercise all of my rights in that place, period. This includes public schools, libraries, universities, and dare I say it? Yes, Hospitals. I say this because I am currently a medical student and often frequent the University Medical Center in Lubbock. I cringe every day when I park my truck and leave my firearm inside to go to class.
Texas has a long way to go when it comes to granting citizens the rights guaranteed by the 2nd amendment and I applaud you for desiring to move in the right direction. I just ask that you don’t just turn to the right direction, but actually move forward in that direction. Allowing universities to opt out from securing this right is not a step in any direction, it is just a wave of the hand to attempt to please the masses.
Ken Luthy, 10 years ago
My opinion on the 2nd amendment, that all carry should be constitutional carry. Both conceal and open. Why do we need a permit to practice our constitutional rights
Kenton Kurz, 10 years ago
This is a very personal issue for me because I’m a veteran that is going to college after being medically discharged from being blown up in Afghanistan. I agree that an individual with a CHL should be able to carry on campus. However, it should not be the college’s choice to opt in or out. My constitutional right to carry a firearm wherever and whenever should not be taken away without due process of law. I also do not believe that I should have to pay for a CHL to exercise the constitutional right to carry a firearm. I believe that the local Sheriff ‘s Department should hold the classes to obtain a CHL. This will form a stronger bond between the community and law enforcement. Having the local Sheriff’s Department teach CHL classes would also create a base for the citizens to mobilize and form a militia under the Sheriff’s leadership (if necessary), while at the same time assuring that law enforcement and the citizens are on the same side.
Another issue that needs to be addressed at the federal level is that firearms are prohibited on VA grounds including parking lots. The people that swore to defend this nation cannot defend themselves when they go to get treatment.
Erick Bruno, 10 years ago
This is an issue that affects me personally. I am a retired Infantry Marine Gunnery Sergeant that is currently attending the University of Texas at Dallas. I am highly offended that I am not trusted to carry a firearm to protect myself as well as others after doing so for my whole career in CONUS and OCONUS. If something were to happen, I would have to just run away to save my life or stay and die to protect as many people as possible. Those choices are just plain wrong and I want to be able to stay and fight. I would love to see this issue resolved in the upcoming legislative session as well as having open carry. Thanks and Semper Fi!
Steve Genoway, 10 years ago
Ok, I’ll say it again.
My CHL instructor a Houston policeman told us, “You are the good guys! We don’t worry about you, we welcome your help.”
I’ve noticed you don’t have mass shooters at gun ranges, they are mainly in “gun free zones”.
Thanks Greg for your continued support of the 2nd Amendment.
Dale Glebe, 10 years ago
I think, that we need to have a constitutional carry in Texas including all schools not just institutions of higher learning. I live in a small town we have 1 resource officer for 5 campus scattered around town. This does not work out well if there is an incident at a campus where he is not at. Staff trained and armed would stop most threats to our children.
