Texas Attorney General Ken Paxton issued four advisory opinions regarding the new Texas open carry and campus carry laws.
Texas Attorney General’s Texas Open Carry and Campus Carry Laws Advisory Opinions
Cities and counties may violate SB 273 if they post signs prohibiting firearms (30.06 signs), or otherwise prohibit concealed carry in local administrative complexes, other than courtrooms or offices deemed to be essential to operations of a court. Violation s of SB 273 may be remedied by the imposition of civil fines against offending governmental bodies and agencies. So, technically if city hall has everything in one building only the actual courtroom of offices used by the court are off limits. So, if a county had a three story building. The third floor was all the courtrooms and offices, you’d be fine on the first and second floor. (Yes, we could split hairs about the hallway on the third floor but do we really need too…) This opinion is specific to concealed carry and 30.06. However, open carry cannot be restricted by use of 30.07 by state and local governmental entities. Logic would dictate that the same will apply to open carry on 1/1/16.
Texas courts would likely hold that a public college or university exceeded its authority under SB 11 if it banned concealed carry in classrooms or allowed professors to prohibit carrying in their individual classrooms, and that a ban on the possession of handguns by licensees in campus residential facilities would likely violate the provisions of SB 11 because such bans would have the effect of prohibiting campus carry for residents of those facilities. So it’s not going to be as easy to prohibit license holders on public universities or colleges due to this opinion. Remember private universities and colleges can prohibit carry anywhere on campus including parking lots because it is private property. There is no open carry on universities or colleges at all!
You can carry open on public school property (Independent School Districts) parking lots, sidewalks, driveways and streets on the public school property is just like carrying concealed. NOT IN THE BUILDINGS! Licensees could violate the Penal Code if they carry handguns openly or concealed about their person on the grounds where a school-sponsored activity is taking place, including areas such as streets, parking lots and sidewalks that are otherwise excluded from the definition of “premises.” We have always promoted leaving your handgun in the car in the parking lot to avoid possible complications. Your choice, if you get prosecuted for being too close to the band practice it is a felony, serious stuff…
The full text of the Texas Attorney General opinions can be downloaded here:
Opinion No. KP-0051
The Attorney General’s opinions do not have the force of law. However, courts often consider such opinions to be persuasive when interpreting a law.
A full list of the 2015/16 LTC updates can be found on our FAQ page.
Texas Concealed Carry Institute has been providing Texas License to Carry (LTC) training for residents of McKinney, TX and other Collin County cities, including Allen, Plano, and Frisco since 1995. Our instructors are active duty police officers, licensed by the State of Texas as Police Firearms Instructors and License To Carry Instructors. They are also certified in several disciplines of self-defense, as police instructors, such as defensive tactics, pepper spray and impact weapons.