CHF(LEGAL) - SITE MANAGEMENT: WEAPONS

Definitions

Campus

Firearm

Location-Restricted Knife

Club

Prohibited Weapons

  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 U.S. Department of Justice:
    1. An explosive weapon (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). Penal Code 46.01(2)
    2. A machine gun (any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger). Penal Code 46.01(9)
    3. A short-barrel firearm (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). Penal Code 46.01(10)
  2. Armor-piercing ammunition (handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and revolvers). Penal Code 46.01(12)
  3. A chemical dispensing device (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). Penal Code 46.01(14)
  4. A zip gun (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). Penal Code 46.01(16)
  5. A tire deflation device (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; it does not include a traffic control device that is designed to puncture one or more of a vehicle's tires when driven over in a specific direction, and 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). Penal Code 46.01(17)
  6. A firearm silencer (any device designed, made, or adapted to muffle the report of a firearm), 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. Penal Code 46.01(4)
  7. An improvised explosive device (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 unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval or an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive). Penal Code 46.01(19)

Premises

General Provisions

  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, unless:
    1. Pursuant to written regulations or written authorization of the institution; or
    2. 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; or
  2. On the premises of a polling place on the day of an election or while early voting is in progress.
  1. On the person's own premises or premises under the person's control;
  2. 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
  3. Under the direct supervision of a parent or legal guardian of the person.

Interscholastic Events

Handguns

Knives

Board Meetings

Exceptions

  1. Peace officers and Section 46.03 does not prohibit a peace officer from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer is engaged in the actual discharge of the officer's duties while carrying the weapon;
  2. An honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Occupations Code 1701.357 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:
    1. An honorably retired peace officer;
    2. A qualified retired law enforcement officer;
    3. A federal criminal investigator; or
    4. A former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies;
  3. 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;
  4. 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; and
  5. A person who is volunteer emergency services personnel, as defined by Penal Code 46.01(18), if the person is carrying a handgun under the authority of Government Code Chapter 411, Subchapter H and engaged in providing emergency services.

Establishment

  1. A hotel, motel, or other place of lodging;
  2. A restaurant or other place where food is offered for sale to the public;
  3. A retail business or other commercial establishment or an office building to which the general public is invited;
  4. A sports venue; and
  5. Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

Defense to Prosecution

  1. A judge or justice of a federal court;
  2. An active judicial officer, as defined by Government Code 411.201;
  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; or
  4. A bailiff designated by the active judicial officer and engaged in escorting the officer.

Wrongful Exclusion of Handgun License Holder

  1. Not less than $1,000 and not more than $1,500 for the first violation; and
  2. Not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

Firearms and Ammunition in Private Vehicles

  1. On a street or driveway located on the campus of the institution; or
  2. In a parking lot, parking garage, or other parking area located on the campus of the institution.

Carry by Employees in Personal Vehicles

Immunity

  1. To patrol, inspect, or secure any parking lot, parking garage, or other parking area the employer provides for employees or any privately owned motor vehicle located in a parking lot, parking garage, or other parking area; or
  2. To investigate, confirm, or determine an employee's compliance with laws related to the ownership or possession of a firearm or ammunition or the transportation and storage of a firearm or ammunition.

Concealed Carry

Regulation of Carry

Board Review

Notice Carry Prohibited

Distribution of Regulations

Report to Legislature

  1. Describes its rules, regulations, or other provisions regarding the carrying of concealed handguns on the campus of the institution; and
  2. Explains the reasons the institution has established those provisions.

Concealed Carry in Violation of Regulations

As Trespass

  1. A card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or
  2. A sign posted on the property that includes the language described above in both English and Spanish, appears in contrasting colors with block letters at least one inch in height, and is displayed in a conspicuous manner clearly visible to the public.

Premise Exception

Open Carry

At an Institution of Higher Education

  1. On the premises of an institution of higher education, including a college district, 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.

As Trespass

  1. A card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or
  2. A sign posted on the property that:
    1. Includes the language described above in item 1 in both English and Spanish;
    2. Appears in contrasting colors with block letters at least one inch in height; and
    3. Is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.

Premise Exception

Vernon College

CHF(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019