Frequently Asked Questions (FAQs)
Q. Why does UTRGV need a campus carry policy?
A. Texas Governor Greg Abbott signed Senate Bill 11 ("campus carry"), which allows for the carrying of concealed handguns on Texas public institution campuses by individuals licensed to carry handguns. The purpose of the campus carry policy is to provide guidance on how the law will be implemented at UTRGV while maintaining the safety of our campus community.
Q. When does the new law take effect?
A. Campus carry takes effect on August 1, 2016, although UTRGV will be putting plans in place months ahead of that date to educate and inform the campus community about the law.
Q. Now that the new law is in place, can anybody carry a handgun on a Texas public university campus?
A. No. Campus carry is limited to those licensed to carry handguns under Texas law. To obtain a concealed handgun license (CHL), a person must be 21 years old (with the exception of active duty military and police officers), meet state and federal qualifications to own a handgun and receive training from an instructor that is certified by the Texas Department of Public Safety. Please see the Texas Department of Public Safety website for a complete list of CHL requirements.
Q. Are handguns the only type of firearm to which campus carry applies?
A. Yes. Senate Bill 11 makes it legal for individuals licensed to carry handguns in Texas to carry only handguns on campus. Since licenses do not apply to the carrying of long guns (e.g., rifles, shotguns) and other weapons, those items remain prohibited on the premises of UTRGV.
Q. Who will develop UTRGV's campus carry policy?
A. The Chancellor of the University of Texas System asked each UT System school president to convene a campus working group consisting of students, faculty, staff and other stakeholders to begin a consultative process that will be followed to implement the requirements of Senate Bill 11. This process will result in developing campus-specific rules, policies, and practices.
As a result, UTRGV President Guy Bailey has appointed a campus carry Working Group comprised of UTRGV students, faculty, staff and community members. Listening sessions will also be organized to allow the larger UTRGV community an opportunity to share its suggestions on the university's campus carry policy.
The Working Group will make recommendations to President Bailey in fall 2015. The UT System and UT System Board of Regents must also approve UTRGV's proposed campus carry policy.
Q. What kinds of things will the UTRGV Working Group consider when it develops the university's campus carry policy?
A. Senate Bill 11 gives the presidents of Texas' public universities the option to designate handgun-free zones on their campuses. UTRGV's Working Group will consider areas that could be designated as gun-free zones, how and where to place signage to notify the UTRGV community and visitors about the designated gun-free zones, whether lock-boxes and storage units are needed and where they would be installed, and how to educate the campus community about the new law.
Q. I have suggestions about where we should permit handguns on campus and where to exclude them. How do I send my thoughts directly to the UTRGV campus carry Working Group?
A. You can share your ideas with the UTRGV campus carry Working Group by emailing the committee at campuscarry@UTRGV.edu.
Q. Is there a difference between campus carry and open carry?
A. Yes. Texas Senate Bill 11 – known as "campus carry" – becomes law on August 1, 2016 and allows people with a license to carry a handgun to carry concealed handguns in permitted areas on campus. The handguns must remain concealed, meaning they should not be visible or discernable through ordinary observation.
Texas House Bill 910 – known as "open carry" – becomes law on January 1, 2016 and makes it legal for individuals licensed to carry a handgun to carry visible handguns in the state of Texas. However, open carry would not apply at public universities, including UTRGV, so even when both laws go into effect, license holders will not be allowed to openly carry handguns at UTRGV.
Q. I don't have a handgun license, but I own a handgun and I'm a safe person. Why can't I bring my handgun on campus?
A. Texas Senate Bill 11 only allows individuals who are licensed to carry a handgun on a university campus. It's the law, and as a public university, we must follow the law.
Q. How do I obtain a license to carry a handgun?
A. The Texas Department of Public Safety administers handgun licenses. Visit www.txdps.state.tx.us and click on the "concealed handgun" link for more information.
Q. How do I keep up to date about campus safety at UTRGV?
A. As required by the Clery Act, UTRGV posts annual security reports on the Police Department website. To view the most recent Clery data, visit www.utrgv.edu/police/clery/ and click on the appropriate link on the left side of the web page.
Q. What should I do if I see a handgun on campus and feel threatened?
A. If you see a visible handgun on campus, contact the UTRGV Police Department immediately at (956) 882-4911.
Q. What should I do if I see a classmate with a gun?
A. UTRGV prohibits the visible display of handguns, and license holders should know that handguns they carry on campus should not be visible or discernable through ordinary observation. Contact the UTRGV Police Department if you have a concern.
Q. Can I ask someone with a concealed handgun if he or she has the appropriate license?
A. Anyone may ask a question, so that is up to you. Remember that the individual does not have to answer the question, unless the question is asked by a police officer.
Q. Can faculty members ask their students if they have licenses to carry handguns?
A. Faculty members may ask, but students are not required to answer that question from a faculty member. Any voluntary reporting by a student to a faculty member about his/her license status should be done privately. Faculty members must not, under any circumstances, coerce students into revealing their license status or pressure them to answer license queries.
Faculty members may not take any action against students who chooses not to answer, or who identify themselves as having a license to carry a handgun.
Q. Can individual faculty or staff members post signage that prohibits handguns in their offices or classrooms?
A. No. All of UTRGV's gun-free zones will be designated by the UTRGV President and approved by the UT System and its Board of Regents. As UTRGV develops its campus carry policy, it is taking great care to balance adherence to the law with the safety of the campus community.
Q. Can a student who legally possesses a handgun license be excluded from the classroom on the grounds that the student's presence and his or her concealed handgun constitute a class disruption?
A. No. The mere act of carrying a concealed handgun (with a license as authorized by law) is not in and of itself a disruption of class activity. Likewise, another person's adverse reaction to someone carrying a handgun in accordance with Texas law is not grounds to eject the license holder from the classroom.
Q. Can a supervisor request a list of employees who have handgun licenses?
A. No. This information is not a matter of public record.
Q. What resources are available for faculty and staff members who are anxious about the new law?
A. UTRGV faculty and staff members may contact the Office of Human Resources, Benefits Area at benefits@utrgv.edu.
Q. Where does a handgun need to be in order to be legally considered "concealed"? Can a handgun be in a backpack or purse, or does it need to be directly on a person's body or within reaching distance of the person?
A. The law does not expressly state where a handgun needs to be in order to be considered "concealed." The handgun cannot be in plain view or discernable by ordinary observation. Further, the handgun must be on the license holder's person or in close proximity.
Q. What responsibility does a license holder have to keep his or her handgun concealed? Are license holders violating the terms of their license if someone gets a glimpse of their handgun?
A. A person with a license must conceal the handgun. If a person's coat opens in the act of raising his or her arm to ask a question, for example, and a handgun can be seen, it is not a violation. A violation would occur when a person knowingly and intentionally displays the handgun in plain view of another person.
Q. What should I do if a student takes a handgun out of his or her backpack?
A. UTRGV students, staff members, faculty members and visitors may not display their handguns on UTRGV campuses. They must keep their handguns concealed at all times, barring life-threatening emergencies. If you see a handgun on campus, it should be reported to the UTRGV Police Department so it can be documented and properly investigated. You can reach the UTRGV Police Department at (956) 882-7777 for all UTRGV campuses.
Q. What happens if I am at an off-campus event, sponsored by a UTRGV registered student organization, and someone shows a handgun? Is that okay since they are not on campus?
A. Handguns must remain concealed. If you encounter a situation at a UTRGV-sponsored event, you should speak with the UTRGV staff member who oversees the group that held the event. If you're unaware of what type of UTRGV event it was, you may contact the Office of Dean of Students at (956) 665-2260 or UTRGV Police at (956) 882-7777 for all UTRGV campuses.
Q. Can I bring my handgun with me on a walking tour of the UTRGV campus?
A. If you have a valid license to carry a handgun and you keep your handgun concealed, you may bring your handgun on campus. However, you may not display it publicly.
Q. Will handguns be permitted in UTRGV residence halls or apartments?
A. UTRGV's campus carry Working Group is considering areas on all three UTRGV campuses that should be designated as handgun-free zones. Residence halls are one of the special areas under consideration by the Working Group. The Working Group will make its recommendations to the UTRGV executive leadership later this fall for approval.
Q. I'm a new UTRGV student and I plan to attend convocation. Can I bring my concealed handgun with me?
A. Not at this time. Concealed handguns are not permitted on public university campuses until August 1, 2016, when Texas Senate Bill 11 takes effect. After that date, if you have a handgun license, you may bring your concealed handgun on campus.
Q. Will handguns be permitted at UTRGV during finals week?
A. Starting August 1, 2016, handguns will be permitted at UTRGV in accordance with state law. Senate Bill 11 allows concealed handgun permit holders to carry their handgun at any time.
Q. I plan to attend UTRGV athletic events. Can I take my concealed handgun with me into ticketed areas where the athletic events are being held?
A. UTRGV is currently exploring which areas should be designated handgun-free zones during athletic events.
Q. I'm a concealed handgun license holder and I take classes at UTRGV and at Texas Southmost College. Why can I carry my concealed handgun at UTRGV, but not at the community colleges?
A. Senate Bill 11 does not take effect on community college campuses until August 1, 2017, one year later than it takes effect at public universities, including UTRGV. Persons attending community colleges need to follow that particular school’s policies.
Q. How will UTRGV manage someone who has a firearm and is exhibiting threatening behavior?
A. It is a criminal act to exhibit threatening behavior with a firearm, regardless of the individual's handgun license status. When a crime is committed on campus, UTRGV police officers will respond and take appropriate law enforcement action.
Q. Does a police officer have the right to disarm me?
A. Yes. If a police officer reasonably believes a safety risk exists, that officer may disarm you. Be courteous and non-confrontational and follow the police officer's directions.
Q. May I use my handgun as a means of defense if there are shots being fired?
A. A handgun or other weapon may be used in self-defense only as allowed by Texas law. By doing so, the person acting is doing so as a private citizen and not in any way acting as an authorized agent of UTRGV.
Q. What can I do to prepare for the new law?
A. The UTRGV Police Department, in coordination with Student Success and other departments, will offer training classes for students, faculty, and staff members about how to properly respond to a report of a person with a handgun or other weapon. You are encouraged to attend one or more of these training sessions when they become available.
Q. If an incident occurs in my classroom with a person with a handgun, what should I do?
A. Do not confront the person; immediately call University Police at (956) 882-4911 emergencies or (956) 882-7777. Help others to escape and run away if you can. Otherwise conceal yourself. Fight back if you have no choice. If you encounter police officers, follow their instructions.
Q. I'm a concealed handgun license holder in another state and I'm aware that Texas has reciprocity with my state. Will that be recognized in UTRGV's new campus carry policy?
A. UTRGV is awaiting direction about how reciprocity agreements with other states should be enforced at public universities in Texas. As we learn more, we will update http://www.UTRGV.edu/campuscarry.