University of Houston, gun in parking lot

This is a discussion on University of Houston, gun in parking lot within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Is it ok if she keeps the gun in her car at a university? No CHL...yet....

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Thread: University of Houston, gun in parking lot

  1. #1
    Member Array jkvan87's Avatar
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    University of Houston, gun in parking lot

    Is it ok if she keeps the gun in her car at a university? No CHL...yet.

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  3. #2
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    Are you asking Texas law or university policy? I don't know either one...but I can make a good guess on the latter.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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  4. #3
    Ex Member Array Oldskoolfan's Avatar
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    A University of Houston professor posts over on Glocktalk. He might be able to help you out better than most.

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    Senior Member Array gilraen's Avatar
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    My son goes to U of H, and my daughter will go there in the fall.
    If you find an answer, PLEASE PM me, or post it here.
    Thanks!
    "I pledge allegiance to the war banner of the united states of Totalitaria. And to the Republic, which no longer stands, several bankers, who are now god, indivisible, with Bernanke bucks and credit for all."

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    I think it is like any other public school parking lot. It only becomes illegal when you carry it into a building.
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

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  7. #6
    Member Array jkvan87's Avatar
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    Quote Originally Posted by gilraen View Post
    My son goes to U of H, and my daughter will go there in the fall.
    If you find an answer, PLEASE PM me, or post it here.
    Thanks!
    My gf gets email notices every couple of weeks about people getting robbed.. sad. It is way to close to the bad side and the way the university is setup is weird. There are neighborhood scattered within the university.

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    under Texas state law this is legal (in the parking lot)
    under federal law....illegal....gun free zone, only persons with state issued CHL/CCW that require background checks are exempt from this provision

    as for UofH policy for student discipline....better check
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    If loose gun laws are good for criminals why do criminals support gun control?

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    I have to correct myself, I found further documents and the federal gun free zone does NOT apply to universities/colleges....only elementary/secondary schools
    so she is legal to have it in her car but U of H may not like it
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
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    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  10. #9
    VIP Member Array Kerbouchard's Avatar
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    Anybody got a link or a reference to anything in this thread?

    Based on my understanding, parking lot should be good for state/federal laws.

    Obviously, it is probably against school policy, and there have been several cases in the last few months where a student was expelled because he had a firearm in his vehicle.

    I don't usually say this, but OC or a taser may be a better option and minimize the chance of any problems, whether legal or academic, from occurring later.

    Edited to add references: http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
    PC 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
    an offense if the person intentionally, knowingly, or recklessly possesses
    or goes with a firearm, illegal 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 pursuant to written
    regulations or written authorization of the institution;
    Okay, from this, we know that we are not allowed to carry on the premises of an educational institution whether it is public or private without written authorization. A little further down, we see:
    (c) In this section:
    (1) "Premises" has the meaning assigned by Section 46.035.
    So, we go down to Section 46.035...
    PC 46.035....
    (f) In this section:...
    (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.
    So, to answer your question, legally, Yes, your friend can keep a firearm in their vehicle in the parking lot of the University. As far as University policy, I am sure your friend received a policy when she enrolled. I do not know what it says or the consequences of violating it, but would assume it could lead to being expelled.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    Quote Originally Posted by Kerbouchard View Post
    Anybody got a link or a reference to anything in this thread?

    here is what I found on the changes made when the gun free zones were reinstituted:

    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
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    If loose gun laws are good for criminals why do criminals support gun control?

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    The school policy states "The unauthorized possession of a firearm....." violates policy and then states that "gun in vehicle equals possession", but I think the "unauthorized" statement in the policy may be there for those with CHL's to be within policy.
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    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by 64zebra View Post
    here is what I found on the changes made when the gun free zones were reinstituted:

    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
    Thanks for the link...thats a bunch of gobbedly goop...exactly what I would expect from Congress. It does say it only applies to primary and secondary schools, but it also says it applies to a 1000 ft permiter, so based on that, without a CHL, you couldn't even drive by a school.

    It doesn't really apply to the OP's question, like you mentioned in your post, but I will see if I can find more on it when I get some time.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  14. #13
    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by TX-JB View Post
    The school policy states "The unauthorized possession of a firearm....." violates policy and then states that "gun in vehicle equals possession", but I think the "unauthorized" statement in the policy may be there for those with CHL's to be within policy.
    IMO, the Texas statutes authorize anybody to possess a firearm in their vehicle unless they are part of a street gang, commiting some other crime besides a Class C misdemeanor, are ineligible to possess a firearm, or the firearm is not concealed.

    If that is the correct school policy, I think the OP's friend is good to go, both academically and legally.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  15. #14
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    Quote Originally Posted by Kerbouchard View Post
    IMO, the Texas statutes authorize anybody to possess a firearm in their vehicle unless they are part of a street gang, commiting some other crime besides a Class C misdemeanor, are ineligible to possess a firearm, or the firearm is not concealed.

    If that is the correct school policy, I think the OP's friend is good to go, both academically and legally.
    I agree.
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  16. #15
    Member Array glockstock's Avatar
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    Quote Originally Posted by Kerbouchard View Post
    I think the OP's friend is good to go, both academically and legally.
    Yes, she is allowed to leave her firearm in her car while she is at school. Based on your reference to thefts in cars, I would recommend that she lock it up in either a car gun safe or in a locked glove box. Personally, I keep my G23 in my glove box locked whenever I'm at school just in case someone's able to get into my car.

    Just wanted to make this clear because some of the posts have been a little ambiguous. Great to have her carrying in her car, have her apply for a CHL and she should be able to carry to school if current legislation passes this year in the state.

    Stay safe, and props to checking out the laws--it's much better to be informed about such matters.
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