-
1791 : The Right to Bear Arms
In 1791 the nation's Bill of Rights guaranteed its citizens right to bear arms (U.S. Const. Amend. II.). The purpose of this law was for citizens to protect themselves against the English militia. However, as time progressed, further clarification was required to ensure safety. -
1791: State's Rights
In the effort to avoid totalitarianism, the United States Constitution gave power to the states in the tenth amendment (U.S. Const.amend. X.). The amendment clarifies that states have the right to address and accommodate federal laws according to the needs of their people. -
1876: Texas Constitutional Law
The state of Texas declares itself involved and the primary source for creating a free public education. With this power, the state guarantees it will support and maintain the educational system to fulfill the educational needs of the state and its people.
Tex.Const.art.VII, § 1 (1876). -
1966: Texas Tower Sniper
Charles Joseph Whitman becomes the first person to open mass fire on a college campus. Taking the lives of 15 people and wounding 31, Whitman was later shot and killed by police. -
1985: Search with Probable Cause
In 1984, T.L.O. had her purse searched by her school principal. After she was found guilty for holding drugs and list of individuals who were in debt to her, T.L.O rebutted her case by claiming that her Fourth Amendment was being violated. When the case reached the U.S. Supreme Court, the court ruled in favor of the school official, thus making it possible for students to be searched by school officials.
New Jersey V. T.L.O., 468 U.S. 325 (1985). -
1990: Gun-Free School Zone Act
The Gun-Free School Zone Act of 1990 was enacted through the Crime Control Act of 1990. This law prohibited the possession or discharge of a firearm near a school zone or property, unless the individual carried a license. The law also made it illegal for the selling or delivering of a firearm or ammunition to anyone who appeared less than the age of 21.
Gun-Free School Zones Act of 1990, 18 U.S.C. § 922 -
1995: States are responsible for Student Safety
In the court case United States v. Lopez, Lopez was found guilty of violating 46.03(a)(I) of the Texas Penal Code and the Gun Free School Zones Act of 1990. Lopez claimed his ruling was unconstitutional because it gave too much power to Congress under the Commerce Clause. The court then ruled in favor of Lopez and made it the state's responsibility to ensure student safety. States could now create their own gun policies.
United States v. Lopez, 514 U.S. 549 (1995). -
2007: Virginia Tech Massacre
On April 16, 2007, Seung-Hui Cho enters the Virginia Polytechnic Institute and State University and takes the lives of 32 people using handguns. He is later found dead from a self-inflicted gunshot wound. This event would lead to public higher education institutions to further investigate how to prevent such tragedies.
Massacre at Virginia Tech leaves 32 dead. (2011). Retrieved September 14, 2017, from http://www.history.com/this-day-in-history/massacre-at-virginia-tech-leaves-32-dead -
2008: Handgun Restrictions and License
In the court case District of Columbia v. Heller, the court ruled in favor of Heller. This ruling made it illegal for states to control or restrict handgun usage for those who are licensed. The decision also made it possible to carry a handgun for self-defense.
District of Columbia v. Heller, 554 U.S. 570 (2008). -
2012: Firearm Safety and Prevention
According to the Office of Safe and Drug-Free Schools (OSDFS), this law requires that states and their public education systems implement and address firearm safety and prevention that follow the law and fit the needs of people .
Office of State and Drug Free Schools (2012). -
2014: Texas Administrative Code
The Texas Administrative Code (TAC) specifies the requirements and general provisions for anyone to obtain a license to carry a handgun. This law would outline how Texas higher education institutions would address their students who have a license to carry.
37 Tex. Admin. Code § 271.1 (2014). -
It's for Self-Defense...
Schools shootings have not only been visible in among primary and secondary education, but also at colleges and universities. The difference between these two is that a student over the age of 21 and enrolled in in a higher education institution have the right to own a handgun with the appropriate licence. The was then, "why aren't students who have a license allowed to bring their weapons to campus, should it be necessary for self-defense?" -
Period: to
Future policies regarding Handguns on Campus
SB 11 has enabled other institutions to review their safety plans in regards to handguns as well. If studies continue to show the decrease in higher education college shootings, universities are more likely to mirror Texas' Campus Carry. Although there are still institutions and students who want to revoke such policies, the odds are slim within the state of Texas. Evidence now shows that Texas local colleges can now implement this policy as well (Platoff, 2017). -
Period: to
The Impact of Campus Carry
For many, college is supposed to be an experience filled with adventures and success. However, recent shootings on campuses and the passing of SB 11 have led to safety uncertainty among students. Is campus much safer with someone who carries a handgun? Since the passing of the law, there has only been one victim to Campus Carry (Platoff, 2017). -
2015: Senate Bill 11 - Campus Carry
Effective in the fall of 2016, Texas govenor Abbot signed a state statue that would allow students in higher education posses a handgun on campus grounds.
Tex. Gov’t. Code Ann. § 411.2031 (added by S.B. 11§ 1) (2016). -
Period: to
Summary
The right to bear arms, school shootings, and the court rulings have influenced American higher education. The power of handguns has found its way into higher education systems either because someone bought a weapon to school or because there was an actual shooting on campus. Federal and state laws concerning this issue of student safety have been put in place with the thought of the student and people in mind. -
Period: to
Continued Summary...
Although some may not agree with SB11 or similar, one must realize that this law is active and students have the right to be informed about how the law is addressed within their campus. We need to provide students with the resources to prevent on-campus shootings and reassure their well-being. The idea of handguns on higher education campuses was never intended, yet events and laws have changed the concept of student safety. Its our duty to try our best to adjust and inform ourselves and others. -
Period: to
Resources
Platoff, E. (2017). After a quiet year of campus carry, community colleges get guns next. Retrieved September 14, 2017, from https://www.texastribune.org/2017/08/01/campus-carry-one-quiet-year/
