• Commonly asked questions on Concealed "Campus Carry" 

    Prepared by the Office of the Director of Public Safety & Emergency Management 


     

    General/About the Law 

    1. May a Handgun License Holder carry a handgun openly in Texas?  

    Yes. The 84th Texas Legislature changed the law to permit open carry by License Holders in most places in Texas beginning January 1, 2016. 

    2. Does Texas' "Open Carry" law allow an Handgun License  Holder to carry a handgun openly on CBC property?  

    No. The law permitting the carrying of handguns openly (in a shoulder or belt holster) is distinct from the Campus Carry law. Furthermore, the Open Carry law expressly prohibits a License Holder from carrying a handgun openly on the campus of an institution of higher education such as Coastal Bend College. 

    3. What is Texas' "Campus Carry" law?  

    "Campus Carry" is the common name for the law that authorizes an License Holder to carry a concealed handgun at institutions of higher education in Texas. This authorization is subject to the institution's reasonable rules and regulations, as explained below. SB 11, 84th Legislature changed the law and is codified as Section 411.2031, Texas Government Code. 

    4. Does the Campus Carry law allow anyone to carry a concealed weapon at Coastal Bend College? 

    No. The law does not grant a universal right to carry a concealed weapon on campus. The law applies only to License Holders.  Note that Texas Peace Officers, whether on or off duty, have a statutory right to carry their handgun and are not controlled by the Section 411 or other State laws otherwise prohibiting the carrying of a handgun, whether concealed or carried openly.  

    5. What is required for a person to be eligible for a License Holder in Texas?  

    Generally, an applicant must meet 14 distinct standards to receive a license to carry a handgun in Texas. Among those are requirements that the applicant be a legal resident of Texas for six months prior to application; be at least 21 years of age (or a member of the military or veteran not dishonorably discharged from the U.S. armed forces); have no felony convictions; not be currently facing certain criminal charges; not be chemically dependent; and be capable of exercising sound judgment with respect to the proper use and storage of a handgun. 

    Applicants for a Handgun License in Texas must also demonstrate handgun proficiency by taking and satisfactorily completing a handgun use and safety course taught by a qualified instructor. (Exemptions from parts of this requirement exist for certain applicants, such as honorably discharged military veterans.) 

    Please refer to Texas Government Code, Section 411.172 for exact eligibility requirements. 

    6. What does it mean to have a license to carry (LTC)?  

    Texas state law permits eligible persons to apply for and receive a license to carry a handgun on their person. 

    7. What weapons are covered under the license to carry permit?  

    The statute covers only handguns. A handgun is a pistol, revolver or other firearm the length of the barrel, which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. Other weapons — rifles or shotguns — are not permitted in on the grounds or in the buildings of the college. 

    8. If Texas has reciprocity with another state and that state allows concealed carry at age 18, can a license holder from the other state who is younger than 21 carry a handgun in Texas? 

    No. License holders from other states must comply with Texas law regarding carrying a handgun when carrying in Texas, including age restrictions. 

    Implementation 

    1. What process did CBC use to establish institution-specific policies for the carry of concealed handguns on campus?  

    President Dr. Beatrice T. Espinoza met with a panel of key stakeholders, including representatives of students, law enforcement, faculty and site vendors, in order to seek their input on the direction CBC should take in establishing a Campus Carry policy.  Taking that input, she then directed the CBC Safety Committee to create a policy that conformed to Texas State Law concerning Campus Carry. The Director of Public Safety then made recommendations to the President, who adopted the proposed policies, which were then reviewed and accepted by the Coastal Bend College Board of Trustees at t.  

    2. Will the college monitor the implementation of the new law?  

    Yes, the college will monitor its impact on faculty, staff and students. CBC’s Campus Cary Implementation Task Force also acknowledges continued, significant concerns about how the law will affect the institution's ability to recruit and retain faculty members and students. 

    If problems develop, we will work to understand the causes and make adjustments to the policies, rules, and practices, consistent with the law. 

    3. What qualifies as a "sole occupant office"?  

    A sole occupant office is a room with at least one door and walls that extend to the ceiling that is assigned to a single person as his or her workspace that is not generally open to the public. 

    4. What is oral notice, and how should it be given in a legally effective way?  

    Oral notice is notification spoken by the sole occupant of an office that clearly communicates to someone who might enter the office that concealed carry of handguns is not permitted in there. Such notice is effective only to the individual, or individuals, to whom the notification was given. For example, if you give oral notification to a group of students on the first day of class, and a student was not present because he or she had not joined the course yet, then legally effective notice has not been given to that student. Faculty or staff members must ensure that they have provided proper notification to all individuals who might enter that office. A statement included in a syllabus is not a legally effective notification. 

    5. How does Campus Carry change the way things have been at CBC until now?  

    License Holders could already carry concealed handguns on CBC’s driveways, streets, sidewalks, walkways, parking lots, parking garages and other parking areas. As of August 1, 2016, Campus Carry allows a License Holder to carry a concealed handgun in campus buildings unless expressly prohibited. The law allows CBC to develop reasonable rules and regulations regulating the carrying of concealed handguns by License Holders. 

    6. Can Coastal Bend College establish a policy that prevents License Holders from bringing their handguns on CBC sites?  

    No. CBC may establish "reasonable rules" regulating the carrying of concealed handguns by License Holders, so long as those rules do not "generally prohibit or have the effect of generally prohibiting License Holders from carrying concealed handguns on the campus of the institution." CBC may also adopt policies concerning the storage of handguns in residential facilities but CBC is not required to provide gun storage for license holders. 

    Exclusion Zones 

    1. Are there any places that a holder cannot carry a concealed handgun?  

    Yes. Texas state law, including sections 46.02, 46.03, and 46.035 of the Texas Penal Code, prohibits handguns and other weapons in certain places when properly signed, including but not limited to: 

    On the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. 

    On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place. 

    On the premises of a correctional facility. 

    On the premises of a hospital or nursing home (without proper authorization). 

    In an amusement park. 

    On the premises of a church, synagogue, or other place of worship. 

    In addition, the rules regulating concealed carry at CBC create "gun exclusion zones" that include: 

    Benton Hall Dormitories rooms with exceptions for visitors and family members. 

    High Hazard Laboratories, defined by the possession of more than 55 gallons of Class I flammable liquids and/or significant quantities of acids, bases, organics, pyrophorics, peroxides, extremely toxic materials or pyrophoric or toxic gases classified National Fire Protection Association 704 Category 3 or higher. 

    Any location where pre-K-12 activities are held (Texas Penal Code 46.03(a)(1).)  

    CBC daycare facility 

    Sporting events held on property owned or leased by CBC. 

    Patient care areas which includes our Dental Hygiene Building. 

    Sole occupant assigned offices (not generally open to the public) where the individual occupant provides oral notice that the concealed carry of handguns is prohibited there. 

    2. Are concealed handguns permitted at activities on campus sponsored by pre-K-12 schools? 

    No. Handguns are not permitted at school-sponsored activities. Such activities are defined as tours, demonstrations, field trips, events, clubs, classes, clinics, programs, etc., that are held on CBC property and authorized by a pre-K-12 school district or individual schools as a curricular, co-curricular, or interscholastic activity and are managed or supervised in part by the district or school, or district or school employee. 

    3. Are concealed handguns permitted in patient care areas?  

    No. The concealed carry of handguns is prohibited in patient-care areas, including those areas in which health services are provided such as in the Dental Hygiene Building on the Beeville Site. 

    4. For employees who carry, what should they do if they work in a building where concealed carry is permitted, but have meetings in excluded areas?  

    Because there is no storage for guns on CBC sites, it is advised that you check in advance regarding the status of the building or office you will be visiting to make sure that guns are not excluded from the location. You may use your normal work breaks, including lunch, if necessary, to store your gun in your locked car or at a location off campus.  

    Safety 

    1. What should I do if I see a handgun or any other type of weapon on campus?  

    Call 911. A License Holder is required to keep the handgun out of sight. If you see a person on campus with a weapon, you can help with campus safety by alerting police about suspicious activity. At some point notification of the Director of Public Safety for Coastal Bend College would be appropriate, but safety is paramount and if you feel unsafe you should always contact local law enforcement as your first priority. PLEASE NOTE that accidental, inadvertent display of an otherwise lawfully concealed handgun is not an offense. 

    2. Can a License Holder carry his/her handgun in a backpack or purse?  

    Yes, but the backpack or purse must be on or about the License Holder’s person and the handgun must be in a holster that completely covers the trigger and entire trigger guard area. 

    3. Is there any safety training for what I should do in an active shooter situation?  

    CBC encourages all faculty, staff, and students to view the “Run, Hide, Fight” active shooter training video, as well as to attend in-service trainings concerning active shooter situations. 

    4. How can I appeal a decision regarding the implementation of the policy?  

    Provide, in writing, a request for appeal to the CBC Director of Public Safety who will then bring the appeal before the CBC Safety and Security Committee who will review the appeal and provide a recommendation to the President for review and decision.