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The topic of this Padlet is Campus Carry and the professional perspective of faculty and staff who work in higher education, particularly a graduate school. I received my Bachelor’s degree in Business from the University of Incarnate Word. I am currently an Admissions and Recruitment Associate for the University of North Texas (UNT) Health Science Center. This Padlet is a resource for faculty and staff who need to stay informed about changes that affect the campus and classroom.

I chose this topic because of the current gun control controversy. This topic impacts the importance of campus safety and student’s rights for Campus Carry. This informative information can assist the institution in recognizing where and when a weapon is appropriate to carry.

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I interviewed Police Lieutenant Oscar Rodriguez at the UNT Health Science Center about campus carry. Through this discussion, it was clear that the change in Campus Carry affected the institution.

Why is this important to the field of education?

Campus Carry is important because the institution must follow legal legislation giving faculty, staff, and students the right to carry a concealed weapon. While staying within the rights, campus safety must remain a top priority.

The best practices for campus carry.

The best practices for campus carry are to:

Seek a good instructor when obtaining a handgun license. This training is important when bringing a weapon out into the public for safety and liability reasons.

Know that the police officers are the ones to take action. Having a handgun does not mean it is your responsibility to spring into action and seek the threat. Police officers are trained to handle these types of situations.

Be familiar with the campus policy such as where handguns are allowed on campus. The campus has busy surroundings such as museums, neighborhoods, and shops where open carry is allowed but these changes when on campus grounds.

What are some emerging issues?

One of the emerging issues for Campus Carry at the UNT Health Science Center is the possibility of more guns on campus. It makes the job of campus police difficulty to distinguish if there is an active threat and who the threat may be.

(O. Rodriguez, personal communication, December 3, 2019)

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Campus Carry - UNT Health Science Center

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Overview Beginning Aug. 1, 2016, Texas law allows individuals with concealed handgun licenses to legally carry their weapons in most locations at the Health Science Center, as well as other public universities in Texas. Key points The open carry of weapons on college campuses is never permitted on campus.

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The National Association of Student Personnel Administrators (NASPA) conducted a report of campus carry policies throughout the nation. It gives detailed information about state legislative actions. This resource is significant for Texas, specifically, because the report addresses the requirements for Administrators to implement.

Morse, A., Sisneros, L., Perez, Z., & Sponsler, B.A. (2016, January). Guns on campus: The architecture and momentum of state policy action. National Association of Student Personnel Administrators. 1-18. Retrieved from: http://www.ecs.org/wp-content/uploads/01252016_ECS_NASPA_report.pdf

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This article describes the effects of the Campus Carry bill passed in Texas public schools. By examining what happened in the first three years the law passed, Warta (2018) discovered:

Texas colleges continue to be mass gun violence-free. Meaning no change in the previous campus carry law.

Professors and students across colleges and universities opposed the law when it was passed. This indicates the feeling of campus safety and security for many students and employees.

Some school officials felt as if the law had little impact on their institutions. The campus carry law went into effect but many schools did not notice a change in their everyday work.

The low impact may be due to the small number of students who qualify for a concealed handgun license due to age. The student and employee rights only apply to those who can legally carry a handgun.

Warta, J. (2018, October 12). The success of concealed carry at Texas public colleges. Retrieved from: https://www.jamesgmartin.center/2018/10/the-success-of-concealed-carry-at-texas-public-colleges/

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The James G. Martin Center for Academic Renewal

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The fight for gun rights on campus is often contentious and generally does not favor the Second Amendment. But in August, pro-gun advocates won a major battle when a federal appeals court threw out a legal challenge by three University of Texas at Austin professors to Texas's "campus carry" law.

Campus carry, approved by the Texas legislature in 2015 and implemented a year later, allows those with concealed carry permits to possess firearms on public college campuses. The ruling expanded a 20-year-old law by allowing concealed carry permit holders to carry firearms inside buildings, rather than only on campus property open spaces.

In the two years since the law took effect, Texas colleges have been free of mass gun violence, much like previous years.

When the proposal became law, professors statewide protested, and three UT-Austin professors brought a lawsuit against the state, claiming that it violated their academic freedom and increased the likelihood of violence.

But the grave threat to academic freedom claimed by professors has been nothing more than fear-mongering. In fighting against campus carry, the professors argued that students able to carry firearms into their classrooms made them fearful of discussing controversial topics. Tempers might flare, they said, and the situation could escalate into violence. They were especially incensed that the law did not let them individually ban firearms from class.

Some professors went so far as to transfer to another school or engage in performance art. Charles K. Smith, a community college professor at San Antonio College, came to class wearing body armor to protest the passage of a similar campus carry law for community colleges. Nobel laureate Thomas Südhof refused to teach at UT-Southwestern because of the "constant danger that a gun will be pointed at me any minute."

But in upholding the campus carry law, the court said that the professors must provide concrete evidence that a concealed carry permit holder would be likely to resort to violence.

Some Texas colleges have embraced the new law. At Texas Tech University in Lubbock, university leaders seem much less opposed to the law than the school's faculty. In an interview with a local radio show, Texas Tech president Lawrence Schovanec didn't seem to think much about the law: "I don't mean to minimize the impact of [campus carry], but in a sense you would say it's been a non-event...The implementation has been very, very smooth." The issue, Schovanec noted, is now rarely discussed.

Texas Tech's police department came out in support of the law too, arguing that it has made the school safer. Texas Tech police department Lt. Amy Ivey opined: "I believe it makes the campus a safer place to live, learn and educate." The police believe that the law deters prospective shooters who are intimidated by the possibility of armed students or staff at the school.

Texas Tech University had an incident in which a student shot and killed a campus police officer in 2017, two years after the law passed. But the new law was irrelevant: the shooter was 19 years old and couldn't legally obtain a concealed carry permit. Of course, the new law did not act as a deterrent either, as proponents claim.

Aside from Texas Tech, school officials across the state have shared similar sentiments:

At Texas A&M, Chris Meyer, the associate vice president for safety and security, said that campus carry has had "virtually no impact at all."

At Sam Houston State University, Phillip Lyons, dean of the College of Criminal Justice, says that he "expected it to be largely uneventful, and those expectations have been pretty much borne out."

At Tarleton State University, an assistant vice president for marketing and communications reported that "Other than the accidental discharge incident, campus carry was implemented at Tarleton very smoothly and without incident." The accidental discharge incident refers to a concealed carry permit holder who accidentally fired his gun inside a dorm two months after the law went into effect. No one was hurt.

And at the University of North Texas, Erich Fritsch, chair of a campus carry task force and a criminal justice professor, noted that: "It's not the CHL [concealed handgun license] people who are going to be an active shooter."

Though these five schools have embraced campus carry, other public Texas colleges have only begrudgingly accepted the rule change. And most private colleges still prohibit concealed firearms on campus-only three colleges allow them: Amberton University, East Texas Baptist University, and Southwestern Assemblies of God University.

Even at UT-Austin, a hotbed of social justice activism, the campus carry debate has largely settled down since the initial flurry of activism. The administration has accepted the law despite faculty opposition, and the implementation of the law has been without incident. (Unless an investigation of one student who showed his concealed firearm for a New York Times article is considered an incident.)

There was good reason to expect that this law was low-risk: for starters, it only applies to a small number of Texas college students. Under the law, openly carrying a firearm on campus remains illegal and gun owners must be at least 21 years old to obtain a permit to carry. Officials at UT-Austin estimate that only 500 students who live on campus are over 21 and fewer than 1 percent of those students have concealed carry permits.

It is important to note that concealed carry permit holders are some of the most law-abiding people in the United States. A study found that, while the general Texas and Florida populations commit about 3,800 crimes per 100,000 people, concealed carry permit holders in those states commit about 2.4 crimes per 100,000 people.

Since the campus carry law's implementation in 2016, it has been clear that the law has not put students at risk for firearm-related violence. Professors and students opposed to the law produced a great uproar over a non-issue. But the court decided that dubious claims of academic freedom do not allow public school professors to violate students' Second Amendment rights. This time, emotional outbursts on campus could not dictate policy and the Texas legislature produced a model reform for other higher education systems.
Joseph Warta is a regional director with the National Association for Gun Rights and a former intern for the Martin Center.

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The Success of Concealed Carry at Texas Public Colleges - The James G. Martin Center for Academic Renewal

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The fight for gun rights on campus is often contentious and generally does not favor the Second Amendment. But in August, pro-gun advocates won a major battle when a federal appeals court threw out a legal challenge by three University of Texas at Austin professors to Texas's "campus carry" law.

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In 2016, graduate students held office hours at a bar in protest of the campus carry law. The small protest is because:

Single- occupied offices can be considered a prohibited area for a concealed handgun. This school regulated policy does not apply to most graduates who have to share an office with others.

Concealed weapons are not allowed in places where income is made on the sale of alcohol and consumption. Graduate students found a place that is considered a gun-free zone to have office hours. This protest echoes the voice of those who do not feel comfortable with the new law.

The University of Texas at Austin estimates that fewer than 1 percent of students have a license (Najmabadi, 2016). This relates due to the qualifications a student needs to obtain a license such as age.

Najmabadi, S. (2016, October 7) With campus carry in place, some Texas grad students make bars their offices. Retrieved from: https://www.chronicle.com/article/With-Campus-Carry-in-Place/238011?cid=rclink

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Under the new law, offices can be declared gun-free only if they're single-occupancy. That leaves out most graduate students, so some are turning to other spaces where guns remain off-limits.

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With Campus Carry in Place, Some Texas Grad Students Make Bars Their Offices

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Under the new law, offices can be declared gun-free only if they’re single-occupancy. That leaves out most graduate students, so some are turning to other spaces where guns remain off-limits.

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# 6 Article 1 - Bill of Rights of the Texas Constitution - State Constitutional Law 

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# 6 Article 1 - Bill of Rights of the Texas Constitution - State Constitutional Law 

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States that citizens have the right to keep and bear arms, such as a weapon or gun, to defend one’s self.

This allows the people of Texas to own and carry a gun.

The Texas Campus Carry law is an extension of this Constitutional Law giving Texans the right to carry.

Reference List: Tex. Const. art. 1 § 23

Link to the full text of the law: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_2_(1791)

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Constitution of the United States
Preamble Article I Article II Article III Article IV Article V Article VI
Article VII AMENDMENTS
Introduction

Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government. Its first three words - "We The People" - affirm that the government of the United States exists to serve its citizens. The supremacy of the people through their elected representatives is recognized in Article I, which creates a Congress consisting of a Senate and a House of Representatives. The positioning of Congress at the beginning of the Constitution affirms its status as the "First Branch" of the federal government.

The Constitution assigned to Congress responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers. The president is permitted to veto specific legislative acts, but Congress has the authority to override presidential vetoes by two-thirds majorities of both houses. The Constitution also provides that the Senate advise and consent on key executive and judicial appointments and on the approval for ratification of treaties.

For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments. More a concise statement of national principles than a detailed plan of governmental operation, the Constitution has evolved to meet the changing needs of a modern society profoundly different from the eighteenth-century world in which its creators lived. To date, the Constitution has been amended 27 times, most recently in 1992. The first ten amendments constitute the Bill of Rights.

Annotated Constitutions

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law.

The Constitution of the United States of America, S.PUB.103-21 (1994) (pdf), prepared by the Office of the Secretary of the Senate with the assistance of Johnny H. Killian of the Library of Congress in 1994, provided the original text of each clause of the Constitution with an accompanying explanation of its meaning and how that meaning changed over time.

Italicized text indicates words and passages of the Constitution that were changed or affected by amendments.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,

G o. Washington-Presid t.

And deputy from Virginia

New Hampshire John Langdon

Nicholas Gilman

Massachusetts Nathaniel Gorham

Rufus King

Connecticut Wm. Saml. Johnson

Roger Sherman

New York Alexander Hamilton

New Jersey Wil: Livingston

David Brearley

Wm. Paterson

Jona. Dayton

Pennsylvania B Franklin

Thomas Mifflin

Robt Morris

Geo. Clymer

Thos. FitzSimons

Jared Ingersoll

James Wilson

Gouv Morris

Delaware Geo: Read

Gunning Bedford jun

John Dickinson

Richard Bassett

Jaco: Broom

Maryland James McHenry

Dan of St. Thos. Jenifer

Danl Carroll

Virginia John Blair-

James Madison Jr.

North Carolina Wm. Blount

Richd. Dobbs Spaight

Hu Williamson

South Carolina J. Rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler

Georgia William Few

Abr Baldwin

Attest William Jackson Secretary

AMENDMENTS
Amendment I (1791) Amendment II (1791)
Amendment III (1791) Amendment IV (1791)
Amendment V (1791) Amendment VI (1791)
Amendment VII (1791) Amendment VIII (1791)
Amendment IX (1791) Amendment X (1791)
Amendment XI (1795/1798) Amendment XII (1804)
Amendment XIII (1865) Amendment XIV (1868)
Amendment XV (1870) Amendment XVI (1913)
Amendment XVII (1913) Amendment XVIII (1919)
Amendment XIX (1920) Amendment XX (1933)
Amendment XXI (1933) Amendment XXII (1951)
Amendment XXIII (1961) Amendment XXIV (1964)
Amendment XXV (1967) Amendment XXVI (1971)
Amendment XXVII (1992)

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President -The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

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Constitution of the United States Preamble Article I Article II Article III Article IV Article V Article VI Article VII AMENDMENTS Introduction Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government.

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Texas Penal Code states places weapons are prohibited. It is considered an offense if during an activity sponsored by a school or polling places.

Although the Campus Carry law is in effect, it is prohibited to take a concealed weapon in crowded places, such as school events, or fringes on another right, such as to vote.

Reference List Citation: Tex. Pen. Code § 46.03

Link to the full text of the law: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

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PENAL CODE



TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS



CHAPTER 46. WEAPONS



Sec. 46.01. DEFINITIONS. In this chapter:


(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:


(A) blackjack;


(B) nightstick;


(C) mace;


(D) tomahawk.


(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.


(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:


(A) an antique or curio firearm manufactured before 1899; or


(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.


(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.


(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.


(6) "Location-restricted knife" means a knife with a blade over five and one-half inches.


(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.


(8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.


(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.


(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.


(11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017.


(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.


(13) "Hoax bomb" means a device that:


(A) reasonably appears to be an explosive or incendiary device; or


(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.


(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.


(15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code.


(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.


(17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:


(A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and


(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.


(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.


(19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include:


(A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or


(B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 12A.001, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1199 (H.B. 4456), Sec. 1, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 1, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 1, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.07, eff. April 1, 2019.


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 3, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 10, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(40), eff. September 1, 2019.


Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:


(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and


(2) is not:


(A) on the person's own premises or premises under the person's control; or


(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.


(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:


(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or


(2) the person is:


(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;


(B) prohibited by law from possessing a firearm; or


(C) a member of a criminal street gang, as defined by Section 71.01.


(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.


(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.


(a-4) A person commits an offense if the person:


(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;


(2) is younger than 18 years of age at the time of the offense; and


(3) is not:


(A) on the person's own premises or premises under the person's control;


(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or


(C) under the direct supervision of a parent or legal guardian of the person.


(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.


(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


(d) An offense under Subsection (a-4) is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 1, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 45, eff. January 1, 2016.


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 4, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 1, eff. September 1, 2019.


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, location-restricted 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:


(A) pursuant to written regulations or written authorization of the institution; or


(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;


(2) on the premises of a polling place on the day of an election or while early voting is in progress;


(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;


(4) on the premises of a racetrack;


(5) in or into a secured area of an airport; or


(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:


(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or


(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.


(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife:


(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a location-restricted knife is used in the event;


(3) on the premises of a correctional facility;


(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;


(5) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration;


(6) in an amusement park; or


(7) on the premises of a church, synagogue, or other established place of religious worship.


(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.


(c) In this section:


(1) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.


(2) "Amusement park" and "premises" have the meanings assigned by Section 46.035.


(3) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.


(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:


(1) a member of the armed forces or national guard;


(2) a guard employed by a penal institution; or


(3) a security officer commissioned by the Texas Private Security Board if:


(A) the actor is wearing a distinctive uniform; and


(B) the firearm or club is in plain view; or


(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:


(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or


(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.


(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.


(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:


(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and


(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.


(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:


(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and


(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.


(f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.


(g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree.


(g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1).


(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:


(1) the actor is wearing a distinctive uniform; and


(2) the firearm or club is in plain view.


(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:


(1) while in a vehicle being driven on a public road; or


(2) at the actor's residence or place of employment.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46, eff. January 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 3, eff. August 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.003, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 5, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 6, eff. September 1, 2017.


Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.


Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47



(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:


(1) on the premises of an institution of higher education or private or independent institution of higher education; or


(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.


Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4



(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:


(1) on the premises of an institution of higher education or private or independent institution of higher education; or


(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.


(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.


(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.


(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:


(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;


(3) on the premises of a correctional facility;


(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;


(5) in an amusement park; or


(6) on the premises of a civil commitment facility.


(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.


(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.


(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.


(f) In this section:


(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.


(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.


(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.


(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.


(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.


(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.


Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2



(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:


(1) an active judicial officer, as defined by Section 411.201, Government Code; or


(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.


(h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), and (5) and (c) that at the time of the commission of the offense, the actor was:


(1) a judge or justice of a federal court;


(2) an active judicial officer, as defined by Section 411.201, Government Code; or


(3) the attorney general or a United States attorney, assistant United States attorney, assistant attorney general, district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.


(i) Subsections (b)(4), (b)(5), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.


(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.


(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.


(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.


(m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services.


Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 3, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 687 (H.B. 2664), Sec. 1, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47, eff. January 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 48, eff. January 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4, eff. August 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 5, eff. August 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 32, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.004, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.005, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 11, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 12, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535), Sec. 2, eff. September 1, 2019.


Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:


(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or


(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.


(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:


(1) the date of the person's release from confinement following conviction of the misdemeanor; or


(2) the date of the person's release from community supervision following conviction of the misdemeanor.



Text of subsection effective until January 01, 2021




Text of subsection effective on January 01, 2021



(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.


(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.


(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:


(1) is designated by a law of this state as a felony;


(2) contains all the elements of an offense designated by a law of this state as a felony; or


(3) is punishable by confinement for one year or more in a penitentiary.


(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:


(1) is not designated by a law of this state as a felony; and


(2) does not contain all the elements of any offense designated by a law of this state as a felony.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.24, eff. September 1, 2009.


Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.60, eff. January 1, 2021.


Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.


(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.


(c) An offense under this section is a felony of the third degree.


Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.


Sec. 46.05. PROHIBITED WEAPONS.


(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:


(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:


(A) an explosive weapon;


(B) a machine gun; or


(C) a short-barrel firearm;


(2) armor-piercing ammunition;


(3) a chemical dispensing device;


(4) a zip gun;


(5) a tire deflation device;


(6) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law; or


(7) an improvised explosive device.


(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.


(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 69 , Sec. 2, eff. September 1, 2015.


(d) It is an affirmative defense to prosecution under this section that the actor's conduct:


(1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;


(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or


(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).


(e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. An offense under Subsection (a)(5) is a state jail felony.


(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:


(1) provided by the Texas Commission on Law Enforcement; or


(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.


(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132), Sec. 2.01, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 7, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 2, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.60, eff. May 18, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. 1819), Sec. 1, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 2, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 2, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 13.001, eff. September 1, 2019.


Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:


(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;


(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife;


(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;


(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:


(A) the person's release from confinement following conviction of the felony; or


(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;


(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or


(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.


(b) In this section:


(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.


(2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.


(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.


(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 7, eff. September 1, 2017.


Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 280 (S.B. 1188), Sec. 1, eff. May 30, 2009.


Sec. 46.08. HOAX BOMBS. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:


(1) make another believe that the hoax bomb is an explosive or incendiary device; or


(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.


(b) An offense under this section is a Class A misdemeanor.


Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 46.09. COMPONENTS OF EXPLOSIVES. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor.


(b) An offense under this section is a felony of the third degree.


Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:


(1) carries on or about his person a deadly weapon; or


(2) possesses or conceals a deadly weapon in the penal institution.


(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.


(c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.


(d) An offense under this section is a felony of the third degree.


Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:


(1) within 300 feet of the premises of a school; or


(2) on premises where:


(A) an official school function is taking place; or


(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.


(b) This section does not apply to an offense under Section 46.03(a)(1).


(c) In this section:


(1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.


(2) "School" means a private or public elementary or secondary school.


Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.002, eff. September 1, 2011.


Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.


(b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).


(c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.


(d) This section does not prevent the prosecution from:


(1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or


(2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.


Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.004, eff. September 1, 2005.


Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:


(1) "Child" means a person younger than 17 years of age.


(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.


(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.


(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:


(1) failed to secure the firearm; or


(2) left the firearm in a place to which the person knew or should have known the child would gain access.


(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:


(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;


(2) consisted of lawful defense by the child of people or property;


(3) was gained by entering property in violation of this code; or


(4) occurred during a time when the actor was engaged in an agricultural enterprise.


(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.


(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.


(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:


(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and


(2) the child in discharging the firearm caused the death of or serious injury to the child.


(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:


"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."



Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. Sept. 1, 1999.


Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:


(1) on more than one occasion; or


(2) for profit or any other form of remuneration.


(b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.


(c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2009, 81st Leg., R.S., Ch. 153 (S.B. 2225), Sec. 1, eff. September 1, 2009.


Sec. 46.15. NONAPPLICABILITY.


(a) Sections 46.02 and 46.03 do not apply to:


(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;


(2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is:


(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and


(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;


(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:


(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and


(B) authorized to carry a weapon under Section 76.0051, Government Code;


(4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;


(5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;


(6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;


(7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;


(8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:


(A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and


(B) engaged in escorting the judicial officer;


(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or


(10) a person who is volunteer emergency services personnel if the person is:


(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and


(B) engaged in providing emergency services.


(b) Section 46.02 does not apply to a person who:


(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;


(2) is traveling;


(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;


(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view;


(5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person:


(A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and


(B) is either:


(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or


(ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;


(6) is carrying:


(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and


(B) a handgun:


(i) in a concealed manner; or


(ii) in a shoulder or belt holster;


(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or


(8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is:


(A) on the immediate premises where the activity is conducted; or


(B) en route between those premises and the person's residence and is carrying the weapon unloaded.


(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.


(d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty.


(e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony.


(f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as:


(1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or


(2) an employee of a penal institution.


(g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty.


(h) The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who:


(1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and


(2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is:


(A) performing official duties; or


(B) traveling to or from a place of duty.


(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.


(j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.


(k) Section 46.02 does not apply to a person who carries a handgun if:


(1) the person carries the handgun while:


(A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or


(B) reentering that area following the person's evacuation;


(2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and


(3) the person is not prohibited by state or federal law from possessing a firearm.


(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if:


(1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;


(2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;


(3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and


(4) the person is not prohibited by state or federal law from possessing a firearm.


Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 288 (H.B. 823), Sec. 1, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(78), eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 4, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 1, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 4, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 2, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 3, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 647 (H.B. 964), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 2, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(1), eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(2), eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(62), eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1048 (H.B. 2101), Sec. 3, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 1, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 6, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 19.004, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 299 (H.B. 405), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 794 (S.B. 1237), Sec. 4, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.22, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 2, eff. September 1, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 13.02, eff. September 28, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 4, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.20, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 13, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 49, eff. January 1, 2016.


Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 8, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 13, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 3, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1126 (H.B. 2584), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 6, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1281 (H.B. 1177), Sec. 1, eff. September 1, 2019.

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PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS Sec. 46.01. DEFINITIONS. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.

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# 8 Texas Open Carry - State Statutory Law

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# 8 Texas Open Carry - State Statutory Law

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Governor Greg Abbott passed the Texas Open Carry. As a public institution of higher education, students and employees are allowed to carry a concealed handgun on campus.

Institutions cannot prohibit a licensed carrier from possessing a concealed weapon on campus but can establish rules and regulations.

Reference List Citation: Texas Govt. Code § 411.2031 (added by SB 11 § 1).

Link to the full text of the law: https://capitol.texas.gov/tlodocs/84R/billtext/html/SB00011F.HTM

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84(R) SB 11 - Enrolled version - Bill Text

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relating to the carrying of handguns on the campuses of and certain

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·       The federal appeal of UT professors from prohibiting campus carry in their classroom.

·       There was not enough to prove Campus Carry violated their first amendment right for debates and discussions due to fear weapons in class. It did not overturn the Campus Carry in the classroom.

Reference List Citation: Glass v. Paxton, No. 17-50641 (5th Cir. 2018)

Link to the full text of the law: https://www.ca5.uscourts.gov/opinions/pub/17/17-50641-CV0.pdf

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#10 Local Administrative Law - UNT Health Science Center Policy

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#10 Local Administrative Law - UNT Health Science Center Policy

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Under the Texas Govt. Code § 411.2031 (added by SB 11 § 1), institutions are responsible for setting regulations and reasonable rules regarding campus carry. The UNT Health Science Center Carrying of Concealed Handguns on Campus policy prohibits where guns are allowed. The college’s approach is to include the needs of the campus when setting regulations such as prohibiting handguns at daycare centers, laboratories with dangerous chemicals, and student disciplinary proceedings (University of North Texas Health Science Center, 2016).

University of North Texas Health Science Center. (2016, February 5). 4.111 Carrying of Concealed Handguns on Campus Policy. Retrieved from https://unthsc.policytech.com/dotNet/documents/?docid=15&public=true

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4.111 Carrying of Concealed Handguns on Campus Policy

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The professional code of ethics chosen for this topic is Responsibility to the institution. Employees must follow policies and procedures put in place by the university to serve students. The Statement of Ethical Principles & Standards (n.d) states, “As ACPA members, student affairs professionals will: 3.3 Recognize that conflicts among students, colleagues, or the institution should be resolved without diminishing respect for or appropriate obligations to any party involved”.

This relates to the Campus Carry issue by recognizing some students' and employees' concerns for safety but knowing the right others have to carry a weapon.

Statement of ethical principles & standards. (n.d.) ACPA College Student Educators International, 1-7. Retrieved from: https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

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This resource is by Campus Safety magazine that issues safety news nationwide. Weinstein (2018) provides four goals explaining what administrators at an institution can do to ensure safety at a campus. The content of the article sets goals for colleges’ policies and procedures and instructions for concealed handgun license carriers.

Wienstein, J. (2018, September 24). So, concealed carry is coming to your campus. now what? Campus Safety. Retrieved from: https://www.campussafetymagazine.com/safety/concealed-carry-on-campus/

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If your organization has chosen or been forced to allow concealed carry on campus, the following practices will reduce this policy's potential pitfalls.

In an earlier Campus Safety article addressing the debate about permitting concealed carry on campus in the wake of active shooter incidents, I argued it is a bad idea. My position against allowing citizens to carry guns on campus came as a surprise to many friends and colleagues because I am the quintessential "gun guy." I'm an NRA member, Second Amendment supporter and veteran firearms instructor who owns more guns than my wife has shoes.

It is certainly possible that a potential shooter's knowledge of the presence of armed Concealed Carry Permit (CCP) holders on campus could deter intended violence. Further, although there are very few incidents of a CCP holder intervening successfully in a school shooting, an armed citizen on the scene could end the violence before the arrival of law enforcement, thereby saving lives.

Nevertheless, I believe allowing CCP holders on campus is still a bad idea because it creates a false sense of security, potentially opens the college to significant liability and could result in unintended shootings/killings. Some of the reasons cited in my article include:

1. Military training often used to qualify someone for a CCP doesn't apply to institutions of higher education or K-12 campuses.

2. CCP qualification standards are not particularly demanding in many states and don't require key capabilities needed in an armed confrontation.

3. There are no requirements to demonstrate continuing proficiency.

4. Even CCP holders who practice at a firearms range might not be well prepared to use a firearm in a life-or-death situation because of training artificialities.

5. Firearms proficiency is a perishable skill. Assuming one has good firearms skills, that person still must practice no less than once every two weeks to sustain those skills. Additionally, bad skills, practiced regularly, could make the CCP holder more dangerous. In short, the ability to hit targets at the range does not ensure tactical proficiency.

6. Concealed weapons, usually of smaller size, are inherently less accurate than larger weapons at greater distances.

7. CCP holders may be subject to the Law of the Instrument, leading them to employ a gun in inappropriate circumstances.

8. There are potential liabilities associated with CCPs.

9. One of the greatest dangers revealed by force-on-force training is friendly fire, so a CCP holder could be mistaken as the shooter and shot by law enforcement or another armed citizen.

10. The responsibility of responding officers to verify the benign status of a CCP holder would delay their response in confronting the shooter, possibly resulting in the loss of additional lives.

11. Allowing CCP holders to attend classes could disrupt academic operations and would likely create undue administrative burdens for college police.

Despite these issues and the fact that active shooting incidents on college and K-12 campuses are extremely rare, an increasing number of state legislatures and school boards are permitting CCP holders to carry guns on campus. This renders moot the debate on whether or not allowing guns carried by CCP holders on campus is a good idea. Presented with this fait accompli, school administrators and local officeholders must identify ways to maximize the potential benefits of concealed carry on campus while avoiding its potential downsides.

Whether by legislative fiat or an internal school decision to allow concealed carry, administrators must ensure their institutions achieve the following four goals:

1. Avoid disruption of academic operations.

2. Do not hinder law enforcement response to an active shooter.

3. Ensure CCP holders do not injure innocent bystanders in a confrontation with a shooter.

4. Reduce liability of school leaders, police/security departments, and the institution as a whole in the aftermath of a campus incident.

Let us address each of these goals and identify several means of achieving them.

Avoid Disruption of Academic Operations

Most Americans have never handled a gun, fear firearms and/or wholly base their views on guns on what they see on television and movies. We had an incident at Northern Virginia Community College where a student reported a man with a gun, generating a massive evacuation and the high-speed arrival of responding units from a neighboring jurisdiction to support campus police.

The "offender" turned out to be an off-duty cop, taking classes. He was wearing a black police "raid" shirt with 4-inch high yellow block letters spelling POLICE on the front and back, and wearing his badge on his belt next to his exposed duty weapon. Despite this, all that the student saw was the gun. Police, with weapons drawn, conducted a search of a massive three-story building. Forty minutes later, after the "offender" identified himself and told police the incident may have been about him, the incident was over. Many classes were canceled and many students and faculty were unnerved.

This palpable, even irrational, fear of guns could easily generate similar fear and campus evacuations, especially if weapons are concealed and it is left to the suppositions of the uniformed to identify the presence of weapons and their owner's intent.

Here are some steps that can mitigate these consequences:

State CCP programs prohibit licensees from carrying weapons in certain locations and situations. For instance, Virginia CCP holders are enjoined from carrying weapons while drinking, in churches and when prohibited by private property owners. Schools should identify locations where firearms should be prohibited, recognizing that these prohibitions must strike a balance between campus needs and the rights afforded by the states to CCP holders. Potential campus locations where firearms might be excluded include locations where alcohol is being served, counseling centers, etc. For example, the University of Texas at Austin excludes most residential dormitories, specified high hazard laboratories, animal research facilities, locations where K-12 activities are held and patient care areas. Once identified, these locations should be documented in campus handbooks and advertised on campuses.

Have campus police and/or local law enforcement hold classes every quarter or semester on the factors that affect concealment to preclude inadvertent revelation of a concealed weapon. Topics would include where to carry the weapon, how to avoid having it "print" (i.e., allowing its outline to be seen on clothes covering the gun), retention holsters that minimize printing while holding the weapon securely to prevent it from falling out, identifying behaviors that indicate one is carrying a concealed weapon (e.g., the "security pat"), etc.

Remind CCP holders, either in the class suggested above or by some other means, such as a handout from college police/security, to keep their armed status a secret. The presence of armed citizens on campus will have a greater deterrent effect if the status of specific individuals is unknown; allow potential shooters to assume many are armed. While the identification of armed individuals might deter potential shooters, it might also make them targets to be eliminated first before the active killing begins if their status is known.

In addition to minimizing the appearance of obvious carry, CCP holders should consider minimizing "advertisements" of their status. I have seen weapons and boxes of bullets on front seats, bumper stickers, window decals and the like, all revealing the owner is possibly armed and that weapons might be found in the vehicle, making it an attractive break-in target.

CCP Holders Should Not Hinder Arriving Responders

The "stopwatch of death," which estimates an active shooter victim is shot (not necessarily killed) every 12-15 seconds, necessitates expeditious confrontation of first responders with the shooters to turn him into the hunted and minimize casualties. (The per-minute shooting deaths at Virginia Tech and the Aurora, Colo., movie theater were 7.9 and 8.9 respectively.) Any requirement for responders to deal with armed citizens to determine their innocence delays the responders' arrival on the scene and provides additional time for the killer to pursue his deadly activities.

Here are some ways to minimize response time delays that could be caused by armed citizens on campus:

As soon as safely possible, CCP holders should return their weapons to their holsters to avoid having a weapon in hand when the police arrive. If there is no time to re-holster a weapon, the citizen should place it on the ground, raise his hands with fingers spread and announce his or her status as a CCP holder. Officers will still have to check that person, thereby delaying their response, but it could expedite the process and, more importantly, prevent the citizen from being mistaken by responders as the shooter and possibly shot.

Some agencies provide officers with brightly colored and reflective armbands to identify them as police. These armbands are to be worn if the officer becomes involved in an armed incident while off-duty. Of course, bad actors could acquire these, which is why uniformed responders will always verify the off-duty responder's credentials. Additionally, because active shooter attacks happen so fast, the CCP holder might not have time to put on the armband, or even remember this step during the chaos of an incident. The college could recommend CCP holders acquire similar armbands (possibly stating "CCP") or some other designator or recognizable identification; or the college could distribute these items free or at a minimal cost. Distributing these items would also give police/security a sense of who and how many are armed on campus.

Re-holstering a weapon is much more difficult (and likely to result in a negligent discharge) under stress. This act is made more difficult with clothing in the way or trying to accomplish this task while moving or in the immediate presence of scared evacuees. Making CCP holders aware of this problem and the need to train to overcome it is crucial.

To expedite the interaction with the police, the CCP holder's permit should be readily available and easily accessible to the police. Under no circumstance should the CCP holder reach into a pocket to retrieve the permit until so directed by police.

Police or security must inform the CCP holder that in a shooting incident, whether or not their weapon is fired, the citizen should be told to be passive and follow the responding officers' instructions exactly and without delay. Further, they should be told to expect to be "proned" out, handcuffed, searched (not too gently), and have his weapon secured by police. The citizen should be taught what to expect so he or she doesn't argue with or resist the officers, further delaying their response or causing them to question the citizen's innocence.

Continue on to read about the next two goals of addressing concealed carry on campus.

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So, Concealed Carry Is Coming to Your Campus. Now What?

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If your organization has chosen or been forced to allow concealed carry on campus, the following practices will reduce this policy's potential pitfalls. In an earlier Campus Safety article addressing the debate about permitting concealed carry on campus in the wake of active shooter incidents, I argued it is a bad idea.

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 #13 Recommendations / Best Practices for Compliance

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 #13 Recommendations / Best Practices for Compliance

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The content of this Campus Carry padlet offers best practices for legal compliance that is summarized in the following points:
•    As an administrator or employee of a public institution, it is important to understand the Texas Open Carry law and communicate this information to students and employees.
•    Institutional policies should be in place to identify the guidelines for this law; this includes the areas a concealed handgun is prohibited.
•    Despite the push back from those against the law, institutions cannot prohibit license holders from carrying a concealed handgun, only set regulations.
•    Campus Carry should be part of annual compliance training to inform students and employees where handguns are allowed, expectations of license holders and instructions for reporting incidents.
•    Based on personal communication with Lieutenant Oscar Rodriguez, informing new students during onboarding orientation (O. Rodriguez, personal communication, December 3, 2019).
•    While some who oppose the Texas Open Carry law, it is important to reassure students/ employees that the school is prepared to handle incidents.
•    It is the license holder's Responsibility to know where concealed handguns are allowed, display his or her license when directed to by law enforcement officers, and know best practices for gun safety
•    License holders should know they do not need to respond to an active shooter/ emergency. Police are trained on how to handle these situations.