The Prospector (El Paso, Tex.), Vol. 44, No. 83, Ed. 1 Thursday, August 3, 1978 Page: 3 of 8
eight pages : ill. ; page 16 x 10 in.View a full description of this newspaper.
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SAVE $5000
Figuers,
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SAC endorses present
12-week drop deadline
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however, as he may find himself becoming the
defendant in a test case.
The most common misconception regarding these
exceptions is with regard to the traveling exception.
Many persons believe that if they are merely going
from one county to another they will automatically
come within this exception. Many old cases that were
decided when transportation for the most part
depended upon the horse and buggy did utilize this
test. This is not the law today. Whether a person is
traveling is a question of tact for the judge or jury
and will nearly always require that the person intend
to stay at some distant place overnight.
The Prospector, sTudonT]
newspaper of the University of
Texas at El Paso, is published
each Thursday June through
August and each Tuesday and
I riday September through
May, except during University
holidays and exam periods, by
The Publications Board, 204
W. Union, University of Texas
at El Paso, El Paso, Texas :
79968. Subscription price.
$12 per year. The University is
an cqualyopportunity
institution.
Students must leave firearms home
In the past few months several students have had
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Finally, there is no exception to the law
prohibiting the carrying of handguns for persons who
claim to need special protection, such as persons who
carry large sums of money or who believe their lives
are in danger.
One reason given by lawmakers for this is that if
such persons were allowed to carry guns significant
enforcement problems would result. Anytime a
person were arrested for carrying about a handgun he
could argue that he feared being robbed or killed.
Additionally, it is felt that such an exception would
greatly increase the presence of these weapons in the
public and the incidence of their use.
Casenotes is a weekly column dealing with a broad
range of legal topics of current interest to students.
Your comments, questions and suggestions are
welcome. Write to CASENOTES, Box 27, University
of Texas at El Paso, El Paso, Texas 79968.
questions regarding the possession and transportation
of firearms. Perhaps the most frequently asked
question has dealt with the possession of these
weapons on University property.
Under the Texas Penal Code all persons other than
peace officers in the actual discharge of official duty
are prohibited from going on University property
with any firearm unless pursuant to written
regulations or authorization of the University. A
violation of this section of the Penal Code is a serious
misdemeanor which could get a person up to a year in
jail and a $2,000 fine.
This prohibition is not limited to persons who
actually take a firearm into a University building,
such as a dormitory, but would apply to those
persons who carry firearms in a vehicle which is
brought onto University property as well. As the
commentary following 46.04 of the Penal Code
points out, there is a potential trap for the unwary in
this section of the code. A person who habitually but
legally carries a shotgun or rifle in his vehicle would
violate the law if he forgets to remove it before
driving onto campus.
The policy of this University requires that all
firearms brought onto campus must be kept with the
University Police. A person wishing to use a firearm
which he has left there will be able to do so by
checking the weapon out when it is needed.
Another frequent question has dealt with the
legality of carrying a handgun in an automobile.
council’s July 27
There seems to be a great deal of confusion as to
when it is permissible to carry such a weapon.
Section 46.02 of the Texas Penal Code contains an
outright prohibition against the carrying of a handgun
on or about one’s person. The next section of the
code however, lists certain exceptions. The
prohibition against carrying a handgun does not apply
to 1) peace officers, prison guards, and military
personnel in the actual discharge of duty; 2) a person
on his own premises or a qualified security guard
hired by him; 3) a person who is traveling; and 4) a
person engaged in hunting, fishing or other sporting
activity if the weapon is of a type commonly used in
the activity. These are the only exceptions.
Carrying a handgun in an automobile is “on or
about one’s person” and thus is a violation of the
code. This includes the glove compartment. No
reported cases have determined that a handgun
carried in a more inaccessible manner, such as in the
trunk of an automobile, is a violation of this law. A
student is not encouraged to engage in this practice
After three weeks of
debate, and numerous changes
and compromises, the Student
Association Council (SAC) has
adopted a bill endorsing the
present 12-week drop
deadline.
The endorsement was made
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noted that the referral office
would operate out of the
University Counseling Service.
The money, Smith
continued, will be used to pay
for two staff members. The
president suggested the staff
be work-study students, who
will provide current
information on all daycare
services throughout the city.
In other action, council
appropriated $25 for a trial
membership with the National
Student Association/National
Student Lobby. Council also
appointed Tony Gonzales as
Student Attorney General.
Mayor’s Liaison Board. David
Becerra, internal affairs vice
president, will join
Roquemore and Marvin
Jefferson, external affairs vice
president, on the board.
Becerra says his first goal as
a liaison member will be to
work toward establishing a
scheduled transportation
system to and from the
University.
“I’d like to see special fares
for students on the buses,”
Becerra suggests. "I know it
costs a lot, I ride the buses
too.”
The council also heard from
the UT El Paso chapter of the
Nation Organization For
Women (N.O.W.) during the
meeting. Linda Smith,N.O.W.
president, gave an update
report on the organization’s
attempts to establish a daycare
center at the University.
Smith noted that $12,000,
which is allocated for the
center, only will pay for the
day care of 15 children a year.
“So, we have been offered
another alternative. The
University is willing to use the
money for a referral service,”
the president said. Smith also
debate alive in previous SAC
meetings, changed his
allegiance to an 8-week drop
deadline date and voted for
the present date.
Noting that SA President
Larry Roquemore needs
council support on the issue,
Figuers said, “He
(Roquemore) needs room to
compromise when he goes to
the president.”
The resolution passed by a
10-vote margin and will now
be presented to University
President Arleigh Templeton.
Council members hope
administrators will consider
the bill as student input on the
controversial drop deadline.
In other business, the SAC
appointed a third council
member to the re-established
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University of Texas at El Paso. The Prospector (El Paso, Tex.), Vol. 44, No. 83, Ed. 1 Thursday, August 3, 1978, newspaper, August 3, 1978; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1621045/m1/3/?q=Lamar+University: accessed June 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting University of Texas at El Paso.