Task Force recommendations were approved by the president and presented to the ACC Board of Trustees at their June 19 work session. The recommendations became ACC policy on August 1, 2017.
Handbook of Operating Procedures – Concealed Carry Policy
Effective August 1, 2017
Concealed Handgun - a handgun, the presence of which is not openly discernable to the ordinary observation of a reasonable person.
Exclusion Zones - means the area or areas of any Austin Community College District where a License to Carry (LTC) Holder may not carry a concealed handgun, weapon, or firearm.
Handgun - any firearm that is designed, made, or adapted to be fired by one hand.
License to Carry (LTC) Holder - any individual Licensed to Carry (also known as LTC) a handgun under Subchapter H. Chapter 411 of the Texas Government Code.
Store - means to take steps that a reasonable person would take to prevent access to a firearm or weapon including without limitations to place a firearm or weapon in a locked container. For the purpose of this policy, a firearm that is temporarily rendered inoperable by use of a trigger lock or other means is not stored.
Weapon - includes a firearm, explosive weapon, machine gun, short-barrel firearm, firearm silencer, knuckles, armor-piercing ammunition, zip gun, chemical dispensing device (other than a small chemical dispenser sold commercially for personal protection), tire deflation device, illegal knife, or club.
Work Area - means the place or places an individual performs assigned duties as an employee, student, or faculty member of the Austin Community College District.
a. All persons, including License to Carry (LTC) Holders, are prohibited from openly carrying a handgun or other firearm on any Austin Community College District Campus. The prohibition on weapons and the open carry of firearms includes any public driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area on any Austin Community College District Campus. It is a violation of Texas law (Texas Penal Code), the Student Code of Conduct, and the Employee Handbook, to openly carry a handgun or other firearm on any Austin Community College District Campus.
b. Officer Training or Color Guard firearms or weapons may be used on the Austin Community College District campuses in connection with ROTC/Color Guard related programs, events, or activities.
a. Unless otherwise prohibited by law or this policy, a License to Carry (LTC) Holder may carry a Concealed Handgun while on any Austin Community College District campus (including public driveways, streets, sidewalks or walkways, parking lots, parking garages, and other parking areas). License to Carry (LTC) Holders are expected to and must strictly comply with this policy and applicable law. License to Carry (LTC) Holders shall not carry their Concealed Handgun into the Exclusion Zones designated by the Austin Community College District President.
b. While the Austin Community College District will employee all reasonable means to delineate Exclusion Zones by signage in accordance with Texas law, it is the responsibility of the License to Carry (LTC) Holder to know, understand, and follow this policy and applicable law while on any Austin Community College District Campus.
c. When carrying a Concealed Handgun on any Austin Community College District Campus, a License to Carry (LTC) Holder must carry their handgun on or about their person. For purposes of this policy and subject to the requirements of Texas law, on or about their person means "close at hand" and within such distance of the License to Carry (LTC) Holders so that without materially changing positions, the License to Carry (LTC) Holder can place his or her hand on the handgun.
d. A License to Carry (LTC) Holder may not carry a partially or wholly visible handgun, or intentionally, knowingly, or recklessly display a handgun in plain view of another person (even if holstered) on any Austin Community College District Campus, including public driveways, streets, sidewalks and walkways, parking lots, and parking garages, and other parking areas.
e. An employee who is a License to Carry (LTC) Holder may carry a Concealed Handgun into his or her work area, unless prohibited under this policy; but is not authorized by Austin Community College District to use the handgun in the course and scope of performing his or her duties. Any employee whose possession, storage, or use of a handgun results in personal injury or property damage is personally liable for the injury or damage, and is not entitled to immunity under Section 411.208 of the Texas Government Code.
f. A License to Carry (LTC) Holder fails to use reasonable care when he or she does not exercise the standard of care that a reasonable or prudent person would exercise in similar circumstances, or if the License to Carry (LTC) Holder takes action, which a reasonable or prudent person would not take.
Examples when a License to Carry (LTC) Holder fails to use reasonable care including and without limitations:
i. Failing to keep or maintain backpack, purse, or other similar bag or carryall with a handgun on or about their person at all times while on any Austin Community College District Campus.
ii. Failing to carry a handgun in a holder or holster that completely covers the trigger and trigger guard area.
iii. Failing to use a holder or holster which has sufficient tension or grip to retain it in the holder or holster even when subjected to unexpected jostling.
iv. Failing to immediately report the loss or theft of their handgun on campus to the Austin Community College District Police Department.
v. Failing to conceal a handgun properly during any classroom, lab, or work area involving bodily movements or physical activity.
a. License to Carry (LTC) Holders are not required to disclose their status as a License to Carry (LTC) Holder to any Austin Community College District employee, faculty member, trainee, or student other than a law enforcement officer.
b. The Austin Community College District will not maintain a list of License to Carry (LTC) Holders.
a. Austin Community College District will not provide handgun storage lockers for License to Carry (LTC) Holders.
b. A License to Carry (LTC) Holder may lawfully store their handgun or ammunition in a locked, privately owned motor vehicle on any driveway, street, parking lot, parking garage, or other parking area provided by or under the control of the Austin Community College District.
c. A License to Carry (LTC) Holder shall not leave a handgun unattended anywhere on any Austin Community College District Campus, regardless of whether stored in a locked container, desk drawer, cabinet, office, backpack, purse, or other similar bag or carryall.
d. A License to Carry (LTC) Holder may not intentionally, knowingly, or recklessly display a handgun in plain view of another person except as necessary to properly store the handgun in a privately owned motor vehicle.
Only the President of the Austin Community College District has the authority to declare additional, specific premises or areas as Exclusion Zones. Except as provided in this policy, without the express written consent of the President, no Austin Community College District faculty member, employee, student, or student group may declare a specific premise or area as an Exclusion Zone.
Any individual who violates this policy may be subject to disciplinary actions, up to and including termination of employment or non-renewal of appointment, dismissal from an educational program, or termination of a business relationship, and may be subject to criminal prosecution.