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.