Questions or concerns about Campus Carry and TAMIU's compliance can be directed to Juan Castillo, TAMIU Campus Carry Task Force Chair
The University will consider any violation of state law regulating firearms to be a violation of the University rules. Accordingly, such a violation is subject to disciplinary action under rules applicable to students, staff, and faculty.
Exceptions to the Licensed Carry of Concealed Handguns at Texas A&M International University
In accordance with state law, the licensed carry of concealed handguns will be allowed at Texas A&M International University beginning on August 1, 2016. After consulting with students, staff members, and faculty, the following exceptions were proposed that take into account specific safety considerations of the Texas A&M International University environment. The proposals were reviewed by the Texas A&M System Office of General Counsel, approved by the Chancellor for submission to the Board, and were considered and accepted by the Texas A&M System Board of Regents on April 27, 2016.
Science laboratories CNS 212, LBV 119, and LBV 394
The Texas Academy of International and STEM Studies (CWT 211 and 213)
Office of Student Health Services (STC 125)
Office of Student Counseling and Disability Services (ZSC 138)
On the premises where a collegiate sporting event is taking place, so long as effective notice is given under Section 30.06, Penal Code.
Kinesiology, Wellness and Recreation Center (REC): Access-controlled portions of the building. The following non-access-controlled portions of the building, all located on the first floor, are not included in the prohibited area: entrance, foyer, public restrooms on the first floor, and classroom/laboratory spaces 128, 129, 130, 131)
Any campus premises leased by the university to a third party, if the third party determines to prohibit the concealed carry of handguns on the premises and provides effective notice pursuant to Section 30.06, Penal Code
[Note: This is not intended to be a complete listing of all laws applicable to the carrying of handguns in the State of Texas. It is intended to highlight the provisions applicable to carrying a handgun on the campus of Texas A&M International University.]
Yes if a:
Concealed handgun license (CHL) holder intentionally or knowingly displays the handgun in plain view of another person in a public place, it is a Class A misdemeanor.
Handgun is in an individual’s motor vehicle, it must not be in plain view.
The safest course of action is to call the University Police Department by dialing 2911. They will respond and make contact with the individual to determine if that person is an authorized license holder and is legitimately carrying a firearm.
3rd degree felony (Places Weapons Prohibited – Texas Penal Code §46.03) if carry a handgun on:
Physical premises (building or portion of building) of Texas A&M University campus
Any grounds on which a Texas A&M sponsored activity is being conducted
A Texas A&M International University passenger transportation vehicle (e.g. bus)
The premises of a polling place on the day of the election, including during early voting
In or into a secured area of an airport
Having a concealed handgun license (CHL) is not a defense to prosecution for any of the above.
Class A Misdemeanor (Unlawful Carrying Weapons – Texas Penal Code §46.02) if carry a handgun anywhere on campus, other than those places listed above, without a CHL, unless the individual is in a motor vehicle and the handgun is not in plain view.
Class A Misdemeanor (Unlawful Carrying of Handgun by License Holder – Texas Penal Code §46.035) if holder of a CHL carries a handgun:
On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event.
On the premises of a church, synagogue, or other established place of religious worship
At any meeting of a governmental entity (e.g., City Council, County Commissioners, or Board of Regents)
In general, individuals are eligible for licenses to carry concealed handguns, if they:
Are over 21 years of age;
Have been a legal resident of the state for a six-month period preceding the application;
Have not been convicted of a felony;
Are not currently charged with commission of a Class A or B misdemeanor;
Are not chemically dependent;
Are capable of exercising sound judgment;
Are not currently restricted under a court protective order or subject to a restraining order affecting a spousal relationship;
Are qualified under federal and state law to purchase a handgun;
Are current on child support payments or other monies collected by a state agency; and
Take and pass a course that has a written test and a shooting proficiency test.
Full eligibility requirements are explained in Texas Government Code § 411.172.
Current law allows concealed handgun license (CHL) holders to carry a concealed handgun on a university campus only in parking lots, parking garages, driveways, streets, sidewalk or walkway and other outdoor areas.
Beginning August 1, 2016, public four year universities must allow concealed carry of handguns in buildings by handgun license holders. Universities will be allowed to designate certain areas on campus where carrying of concealed handguns by license holders is prohibited, subject to system and legislative review.
See answer to question 7 above (What are the requirements to obtain a concealed handgun license in Texas?)
August 1, 2016 for public four-year universities. September 1, 2017 for two-year public colleges.
As of December 31, 2014, the Texas Department of Public Safety reported that there were 825,957 active concealed handgun license holders. The population of Texas was 26.96 million in 2014; 2.7% held a CHL.
On June 13, 2015, Governor Abbott also signed into law House Bill 910. This law permits handgun license holders to openly carry (no duty to conceal) a handgun in areas where it is not prohibited by law. This law becomes effective on January 1, 2016.
No. HB 910, the open carry law effective January 1, 2016, provides a handgun license holder cannot carry a partially or wholly visible handgun, regardless if it is holstered, and intentionally or knowingly display the handgun in plain view of another person on the premises [building] of a university, or any driveway, street, or parking area of a university.
The President, after consulting with students, faculty, and staff regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, shall establish reasonable rules regarding the carrying of concealed handguns by license holders on campus. The President may amend the rules as necessary for campus safety.
The law allows a university to make rules concerning the storage of handguns in dormitories or other residential facilities that are on campus and owned by the university, or on campus and leased and operated by the university.
Not later than 90 days after the President’s rules are established, the Board of Regents shall review the rules. The rules may be amended by a vote of not less than two-thirds of the Board. If amended by the Board, the amended rules shall constitute the university’s rules.
The rules shall be widely distributed, including posting to the university’s website. Effective notice under Texas Penal Code §30.06 must be provided for any portion of a premise where a license holder may not carry.
Not later than September 1 of even-numbered years, each university shall report to the legislature its concealed carry rules and explain the reasons the university established the rules.
No. Effective August 1, 2016, concealed carry is allowed on university campuses, including all offices, classrooms, and laboratories by anyone holding a valid handgun license, unless carrying a handgun is prohibited by state law, federal law, or university rules. SB 273 prohibits the university and its employees from imposing restrictions greater than those imposed by law. Violations of SB 273 can result in a fine to the university as high as $10,500 per day.
No. Carrying a concealed handgun is only legal if an individual has a handgun license. State law does permit those without a handgun license to carry a handgun in their vehicle if the handgun is concealed and the person can legally possess a firearm. See Texas Penal Code 46.02(a)(2).
If the person is a student, faculty member, or staff member they can be sanctioned according to the rules applicable to their status. It may also be a violation of the criminal law. The offense can be a misdemeanor or a felony, depending on where the handgun was carried.
No. To obtain a Texas Concealed Handgun License you must be qualified under state and federal law to purchase a handgun. See Texas Government Code 411.172. An international student here on a student visa is prohibited under federal law from purchasing or possessing a firearm or ammunition unless they meet certain exceptions; for example, they are admitted to the U.S. for lawful hunting or sporting purposes. There are other exceptions. See 18 U.S.C. 922(g)(5)(B) and 922(y)(2) (text of the code and legal opinions provided by the Cornell University Law School, Ithaca, New York).
No. Undocumented students are not legal residents of the state. To obtain a CHL, a person must be a legal resident of the state for a 6-month period preceding the date of the application.
Yes. The license holder shall display both the license holder's driver's license or identification certificate issued by DPS, and the license holder's handgun license. Texas Government Code § 411.205.
No. A handgun license holder is not required to disclose he has a license to anyone except a magistrate or peace officer. A person engaged in lawful activity (i.e., applying for and obtaining a handgun license) is not required to provide information to any person, including a university official, about their personal choices, beliefs, or practices.
See answer to question 7 above.
There are 42 states that have a reciprocity agreement with Texas.
When in Texas, license holders from other states must follow Texas gun laws, not their home state’s gun laws.
Illinois, Maine, Minnesota, New Hampshire, Oregon, Vermont, and Wisconsin.
It is a violation of criminal law if a child (person younger than 17) gains access to a readily dischargeable firearm and the person with criminal negligence failed to secure the firearm; or left the firearm in a place to which the person knew or should have known the child would gain access. (Texas Penal Code §46.13). It is an affirmative defense to prosecution that the child's access to the firearm was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; or that access was gained by the child trespassing on the firearm owner’s property. (Texas Penal Code §46.13).
It is not a violation of Texas law for a handgun owner to permit an adult to gain access to a handgun, provided no other laws regarding the use or possession of a handgun are violated.
No. Courses are available locally from various gun shops, sporting goods stores, and individuals licensed as a Qualified Handgun Instructor.
Additional information on Campus Carry and the TAMIU Campus Carry Task Force is found below.
Task Force Charge - September 1, 2015
Trevor C. Liddle, Task Force Chair, Associate Vice President for Administration
Joshua Llamas, President, Texas A&M International Student Body
Bryan Jackson, Senator, TAMIU Student Government Association
Jesus Palacios, Student, Appointed by TAMIU Student Body President
Juan Vazquez, Student, Appointed by TAMIU Student Body President
Ben Page, Student Athlete - Intercollegiate Athletics
Dr. Frances Gates Rhodes, Faculty Ombuds Officer
Dr. Gilberto Salinas, Faculty Senate - College of Arts & Sciences
Dr. Maria Viloria, Faculty Senate - College of Education
James Bonnette, Staff Senate - Athletic Compliance
San Juanita Perez, Staff Senate - Student Affairs
Mirasol Tabarez, Director, Housing and Residence Life
Fructuoso San Miguel, III, Chief, University Police
Sergio Moreno, Captain, University Police
Ana Coronado, Officer, University Police
Jerry Brown, Assistant General Counsel, The Texas A&M University System
Juan J. Castillo, Vice President for Finance and Administration
Lisa Paul, Associate Vice President for Compliance
Senate Bill 11, signed into law in the 84th Legislative Session, authorizes handgun license holders to carry a concealed handgun on university campuses and includes a provision allowing institutions to establish limited rules regarding the storage of handguns in campus housing and prohibiting areas/premises on which license holders may carry.
The taskforce will review SB 11 and create the rules that will govern the concealed carrying of handguns and residential storage on the TAMIU campus. The rule proposed to the President, subject to approval by the Board of Regents, will ensure compliance with SB 11 and will make recommendations for areas on the campus where the concealed carrying of handguns should be prohibited. The taskforce will also assist in communicating this information to the entire University community by attending University-wide open forums.
The taskforce will meet through December 2015 to develop the rule (September - October), conduct open forums to gather input on the proposed rule (October - November), and present its recommendation to the President (December). Universities have been given discretion to implement the law based on our unique campus cultures, with a focus on safety and the gathering and careful consideration of input from the broad campus community.
Because SB 11 goes into effect on August 1, 2016, I ask that you provide me with your recommendations no later than December 15, 2015, to ensure sufficient time for review and implementation.
Ray M. Keck, III,
Please note:the law specifically prohibits university presidents from establishing “provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on campus.
Campus Carry: Current Law vs. Aug 1, 2016
AUGUST 1, 2016
Type of License: Concealed Handgun License (CHL)
Type of License: Handgun License
A CHL holder can carry a concealed handgun on campus on a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
A handgun license holder can now also carry a concealed handgun anywhere on a university campus, including in buildings, unless prohibited by state or federal law, or university rule.
The changes enacted by Senate Bill 11 (Campus Carry) are effective August 1, 2016. Since 1995, a CHL holder has been able to carry a concealed handgun on a university campus in a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. This new law permits a handgun license holder to carry a concealed handgun anywhere on campus, including in buildings, except where already prohibited by state or federal law, or the new university rules associated with changes in the law.
The changes enacted by House Bill 910 (Open Carry) are effective January 1, 2016. However, this law does not permit open carry on a university campus.
The changes enacted by Senate Bill 273 (Wrongful Exclusion of Concealed Handgun License Holder) are effective September 1, 2015. SB 273 permits the state to fine Texas A&M University if it attempts, by utilizing a Penal Code 30.06 notice, to prohibit a concealed handgun license holder from carrying a concealed handgun in a place not prohibited by sections 46.03 or 46.035 of the Penal Code. In other words, unless existing state law prohibits carrying a concealed handgun in a location, a state agency cannot bar carrying a concealed handgun at the location. The fine can be $1,500 per day for the first offense, and can be as high as $10,500 per day for a second or subsequent offense.
Other States with Similar Laws
IMPORTANT LINKS TO RELEVANT TEXAS LEGISLATION AND CODES AND THE UNITED STATES CODE
TAMUS Regents Pass Campus Carry Rules; Law Begins Aug. 1 at TAMIU
In action Wednesday, April 27, 2016, The Texas A&M University System (TAMUS) Board of Regents accepted recommendations for rules to govern Campus Carry implementation at all TAMUS campuses, including Texas A&M International University. Because the Board made no changes to the rules as proposed by the institutions, no vote was required. The rules will go into effect 1 August 2016. TAMIU Rules are available online at http://www.tamiu.edu/adminis/campuscarry/documents/TAMIURule34-06-02-L12ndREVISEDFINAL.pdf. Additional information on Campus Carry and the TAMIU Campus Carry Task Force, including history and actions, is found below.
Campus Carry Update - April 13, 2016
In response to the passage into law of Senate Bill 11 (“Campus Carry”) by the 84th Legislative Session, which permits a license holder to carry a concealed handgun while the license holder is on the campus of an institution of higher education, President Keck convened a Campus Carry Task Force Sept. 1, 2015. The Task Force, which included TAMIU faculty, staff and students, was charged with creating recommendations for rules to govern Campus Carry implementation at TAMIU.
Campus forums were held to collect insight and feedback from the campus community. The Task Force’s recommendations were provided to TAMIU President Dr. Ray Keck for review. Dr. Keck’s recommendations were reviewed by The Texas A&M University System Office of General Counsel, approved by the Chancellor and submitted to The Texas A&M University System Board of Regents as TAMIU’s Proposed Rules. These Proposed Rules are available here, along with Proposed Rules for other System Members.
TAMIU’s Proposed Rules are now pending review and action by The Texas A&M University System Board of Regents at their Wednesday, April 27, 2016 Board meeting.
Based on the Board of Regents’ review, any adaptation and acceptance, these rules will go into effect Aug. 1, 2016, as will the rules of all public institutions of higher education in the State. The rules of community colleges will go into effect a year later on Aug. 1, 2017.