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HANDGUNS ON CAMPUS TEXAS

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Presentation on theme: "HANDGUNS ON CAMPUS TEXAS"— Presentation transcript:

1 HANDGUNS ON CAMPUS TEXAS
Thomas E. Harkness, Sr. License #

2 QUESTION OF THE DAY If two different students on campus are carrying a handgun and One is Carrying Concealed, and One is Carrying Openly. Which one is more dangerous; Open or Concealed?

3 Fact #1 Most Licensees do not carry the gun they tested with.
Use the one that the school provided Have not purchased on yet Don’t want to clean theirs

4 Fact #2 Most licensees don’t carry a gun that is appropriate for self defense. “Pea-Shooter” (easier to conceal) Rifle Ammunition Derringers Cowboy Action .22 .45 +P+

5 Fact #3 What do Licensees carry concealed? NONE OF YOUR BUSINESS!
Caliber? Ammo? Holster? Action? Total Number? NONE OF YOUR BUSINESS!

6 Fact #4 Open Carry Requirements: Shoulder Holster Belt Holster
Easy to see.

7 Fact #5 Law Enforcement Serial number on gun
Test with 50 rounds each year (5 duty) Approve ammunition Approved holster

8 Fact #6 PC 46.03 1973 Felony to violate the schools policy
Felony to fail to get permission. It does not prohibit a school from allowing Open or Close carry on school grounds.

9 Fact #7 GC 411, Sub (H) – 1993 Allowed Concealed Carry by non-LEO’s

10 Fact #8 An American Paradigm:
There are only two types of people that carry guns in public; Cops Criminals

11 Fact #9 PC Purpose was to prevent the GC 411 (H) from over-riding PC (focus on schools) Makes sure that PC still give schools the right to say “NO”.

12 Fact #10 There is no Fed/State law that prohibits a handgun on campus
This includes all schools Elementary to University Public v.s. Private No Texas School is required to prohibit guns on any campus (Inside or outside)

13 Fact #11 PC makes it a felony to “Violate the schools written policy” or “Fail to get written permission” before entering with a handgun. No School in the State of Texas is prohibited from allowing firearms on campus. Can you say, “R.O.T.C”? Can you say, “CJ” and “Police Academy”?

14 Fact #12 The Federal Weapons Free School Zone Act:
Known as the WFSZA. Makes it illegal to be in or near a school zone with a handgun that is in violation of the interstate commerce act; or With a handgun that is not properly licensed in the State that the school is located. Texas does not license handguns: but it does license the carrying of a handgun.

15 Fact #13 Texas Education Code Prohibits guns on campus in accordance to PC 46.02 Illegal to carry a handgun without a lTC Unless that handgun is in a home, vehicle, or in route to (or from) that vehicle

16 Fact #13 PC A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm… (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) They have an LTC – then there are some special rules.

17 Fact #14 Many high schools and colleges around the State of Texas have shooting ranges on campus. The ranges are considered “Classrooms”. Original understanding was that these “Classrooms” would be closely monitored.

18 Fact #15 The 1970’s Anti-War movement soon became an “Anti-Military” movement that encluded (among other things) Handguns. The 1980’s school armories and ranges were closed down and reallocated to be store rooms. Many of these schools prohibit faculty and staff from even talking about those rooms.

19 Fact #16 1991 Concealed Carry introduced but failed.
1993 Concealed Carry re-introduced and passed along with PC (Exempting Schools from the CCW). Limited to 21 yo and above with special restrictions and training.

20 Fact #17 2001 – Twin Towers 9-11 Military students with the License requested the privilege to carry under Denied Refused discussion. Schools addressed the issue with the Parent/Child relationship that is covered by Dr. Berne, M.D. Addressing seasoned adults as children because they had not earned the credentials to be treated like an adult. Licensees took it to the legislature.

21 Fact #18 The Concealed Carry Program requires teaching the student about the Parent/Child Games that People Play - Dr. Eric Berne M.D. The best way to avoid a conflict is to remain in the Adult/Adult relationship. The Parent/Child relationship is taught in the Police Academy as the proper way to address someone that has violated a law.

22 Fact #18> Texas Education System took a Parent/Child relationship with the students asking for permission. Licensed Students were over 21 years of age. Licensed Students were mostly former military. Licensed Students were worried about rise in violent attacks at Gun Free Zones throughout America.

23 Fact #19 News Reports throughout the Country showing License holders carrying openly along with video showing college campus; False impression that the law will now allow open carry on campus.

24 Fact #20 If Colleges and Universities had used the Adult/Adult relationship to address the issue from the beginning, the Concealed Carry on Campus would have never been addressed in the legislature.

25 Hypothetical Proposal
Proposal for Open Carry on Campus. Students can carry on campus with a permit from the administration. Students with a permit can carry openly or concealed under the same standards as Open Violation of any of the policies set would be a felony. Student may be required to carry concealed in certain classes even if permitted to carry open.

26 EXAMPLE OF POLICY Student must have handgun checked by appointed staff for safety. Student must register that handgun with the Administration. Student must have (and maintain) a minimum GPA set by the Administration Any violation would cause revocation of the permit and possible felony charges.

27 Example Policy Student must:
Complete a basic safety class with shooting demonstration before each semester – Nominal Cost. Review of safety and updates Shoot minimum 100 rounds for proficiency demonstration Carry only one handgun at a time with the serial number of the handgun that was used for safety demonstration Carry only approved ammunition. Carry only in an approved holster. Maintain a minimum GPA Not be on administrative discipline or probation. Carry concealed in classes where professor request. Carry permit even if not carrying a firearm. Present permit and allow for inspection at any time approved Administrative personnel request. Rent an appropriate gun safety locker for times when a handgun cannot be carried (Rodeo, swimming, wrestling, boxing, etc)

28 Conclusion Texas Education System has had the right to control and regulate carrying on campus since 1973 Schools can still allow (and regulate) open carry on campus – but not Concealed Carry. Schools can continue to refuse to hear out the possibility of Open Carry with limitation (but how did that work for them with CCW?)

29 Thank You For allowing me this opportunity to present this opposing point of view on such a controversial topic. I hope that I have given you a fair understanding of both sides of the issue so that you can make appropriate decisions concerning the topic.


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