Going Too Far And At The Same Time Not Far Enough

Due to a request from a reader from out-of-state, I am going to postpone my regularly scheduled posting to comment on the proposed new law here in Texas that will allow college and university students to carry concealed firearms onto their campuses and into their classes. First let us examine the current applicable law in regards to schools and educational institutions.

From the Texas Penal Code:

Sec. 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;...

Section 46.03 continues with other locations where firearms are also prohibited but this should serve our purposes for today. As one can see there is already a built in exemption to the law in that institutions could have "written regulations" that allow persons to carrying firearms on campus or they could issue "written authorization" to specific individuals. This is how the school district in Harrold, Texas was able to arm it teachers and staff so as to provide security for the students.

Now the new proposed law can be read here in its entirety. My impression at first is that it is another one of those "wonderful" laws that does not go far enough in securing the liberty of the people and goes too far in oppressing the rights of some for the benefit of others.

The law will only allow Concealed Handgun Licensees to carry their concealed handguns onto "institutions of higher learning" and does not include allowing licensees to carry their sidearms onto any other school - elementary, intermediate, or high school - or for that matter, onto any and all public property. Public property is that property that is, for lack of a better term, "owned" by the government (and subsequently owned by the people as a whole) and supported by tax dollars.

In this sense the law does not go far enough in providing more places that licensees can legally carry but then it goes too far by including "private" institutions. These institutions, by virtue of their being private, are not owned by the government by any stretch of a warped imagination and for the government to decide who can and who cannot carry onto the premises of these institutions is for the government to steal these properties from their rightful owners.

Private institutions of higher learning are businesses and like any other private business, the owner or owners have the right to decide who will be allowed to enter onto their property and by what rules and regulations these visitors must abide by to continue to enjoy this privilege of remaining on the property. Private institutions should have the legal option like anyone else to take advantage of section 30.06 of the Texas Penal Code if it fits within their choices for their local environment.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

This new law would specifically prohibit the owners from exercising their own good judgment on how their property will be used. Some might consider this new law a victory for the "Right to Keep and Bear Arms" but it is definitely a loss for property rights which is the basis for all of our Natural Rights.

The Texas legislature is merely throwing a bone to the masses so as to appear to be more libertarian but is instead trying to exercise more control over the private property of Texans. There must be a vain hope somewhere that this might improve Governor Rick Perry's future run for the White House by helping him capture the votes of the gun rights crowd and the Tea Party. Let's hope that a majority of registered voters can see through this charade...