texas tech

[Liko81]

imported post

mobio wrote:

My question is, am I correct that I cannot have weapons in my apartment since it is owned and operated by a texas public university, but I can keep my firearm in my automobile, which is on a private parking lot?

Doc got caught up in the confusion with Luggo, so I'll take a stab at this. A parking lot, whether university-owned or private, is not a building, so it does not meet the definition of "premises" for the purposes of the applicable statutes. However, it can be considered "grounds on which a school-sponsored event is taking place", but only if there is some sort of sanctioned gathering, such as intramural sports practice or marching band, currently taking place in that parking lot or the immediate area. It also is illegal to possess a handgun while in a passenger transportation vehicle of the school, and if you use your vehicle for transport to and from a school-sponsored activity the university may try to claim the gun concealed therein is illegal.

In other words, leaving a firearm in your vehicle is generally lawful ifit is kept concealed, and it doesn't matter whether you park on-campus or off.The exception is when the university has cause to claim that parking lot as part of the grounds on which a school-sponsored activity takes place, or if your vehicle is being used as a transport for a school-sponsored activity (i.e. drivingaclub sports team likelacrosse or hockeyto a game). I believe on that last count, unless the university reimburses you for vehicle expenses while driving for that purpose, that they have no claim to your vehicle as an official university passenger transport, and then only during the time you are using it for that purpose.

 

[DocNTexas]

imported post

Liko81 wrote:

mobio wrote:

My question is, am I correct that I cannot have weapons in my apartment since it is owned and operated by a texas public university, but I can keep my firearm in my automobile, which is on a private parking lot?

Doc got caught up in the confusion with Luggo, so I'll take a stab at this. A parking lot, whether university-owned or private, is not a building, so it does not meet the definition of "premises" for the purposes of the applicable statutes. However, it can be considered "grounds on which a school-sponsored event is taking place", but only if there is some sort of sanctioned gathering, such as intramural sports practice or marching band, currently taking place in that parking lot or the immediate area. It also is illegal to possess a handgun while in a passenger transportation vehicle of the school, and if you use your vehicle for transport to and from a school-sponsored activity the university may try to claim the gun concealed therein is illegal.

In other words, leaving a firearm in your vehicle is generally lawful ifit is kept concealed, and it doesn't matter whether you park on-campus or off.The exception is when the university has cause to claim that parking lot as part of the grounds on which a school-sponsored activity takes place, or if your vehicle is being used as a transport for a school-sponsored activity (i.e. drivingaclub sports team likelacrosse or hockeyto a game). I believe on that last count, unless the university reimburses you for vehicle expenses while driving for that purpose, that they have no claim to your vehicle as an official university passenger transport, and then only during the time you are using it for that purpose.

LOL!!! Good one Liko81! Yes I totally skipped over mobio's post. My apologies Mobio.

As for the question.....Liko81 pretty much nailed it. The only thing I would say different is that even if the parking lot is being used for a function, if you are still allowed to use the area to park your vehicle, then it is still legal to store your weapon there. Just because the band decides to march down the street (or parking lot) you parked your vehicle on does not make it illegal for your weapon to be inside the vehicle. Unless public access is regulated and restricted during the use of the lot, then it is still considered a parking lot and not the site of a school function. Now, I certainly would not walk over to the band and hang out, but where your vehicle is parked is still considered a parking area no matter what is happening elsewhere in the lot.

Forexample: I stopped to visit a friend (coach) at a local school recently, who Iobserved on the practice field. I parked in the (mostly empty) parking lot next to the field and walked down the sidewalk to the gate where I chatted with my friend through the gate. Since I had no intention of entering the building and remained on the sidewalk outside the confines of the fence, I chose not to disarm, which is legal. While I was there, the band exited the band hall and began marching practice in the empty parking lot where I had parked. This did not make it suddenly illegal for me to return to my vehicle or make it illegal to have a weapon stored in the vehicle. The same holds is true for your situation.

As for the apartment, (by apartment I assume you refer to one of the university owned lease apartments as opposed to a dorm facility) you need to read the tenant contract and the housing rules the university gave you concerning the facility you live in to determine if they prohibit storing a weapon in your apartment. My prediction is that it is prohibited in the agreement. At the same time, residences are slightly different from other university property. Just because the university owns them, you have certain tenant right unless expressly disallowed by the lease contract for which you were required to sign.

If in doubt about the apartment, ask. If they say it is not allowed, ask for a copy of the rule disallowing it. If they can not provide a rule against it, ask for clarification from the higher ups. It is your right to have the facts and their obligation to provide the answers. Remember, the only thing worse than an unanswered question is an unquestioned answer.

Take care all and be safe,

Doc

 

[mobio]

imported post

Thanks liko81 and Doc for your answers. I'm not a sportsman (except shooting sports) and do not park near the stadium so I do not need to worry about sports activities at the university I go to.

As for my apartment, I looked through the lease and rules and do not see any mention of firearms being restricted. I will contact the management for them to clarify the rules but under Texas state law I do not think they can ban firearms.

Texas Penal Code § 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person 
commits an offense if the person intentionally, knowingly, or 
recklessly carries on or about his or her person a handgun, illegal 
knife, or club if the person is not:
(1)  on the person's own premises or premises under the 
person's control; or
(2)  inside of or directly en route to a motor vehicle 
that is owned by the person or under the person's control.

I can find no state law that allows a landlord to ban his or her tenat from possessing a firearm on their premise.

 

[sccrref]

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To me, it means that if you have a liscence, you can carry on their property. It does not say except students and staff.