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Judge rejects late push to block guns in Texas classrooms

The United States District Court for the Western District of Texas issued an Order denying a request by three University of Texas professors to block enforcement of Texas’ new campus carry law. Paxton was one of the defendants in the case.

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The decision is a setback for opponents of the “campus carry” law championed by conservative legislators holding the majority in the Texas Legislature.

University of Texas professors had lobbied unsuccessfully to prevent campus carry, arguing the combination of youth, firearms and college life could make for a deadly situation. They filed the legal action the same day that the law took effect. Registered gun owners are now allowed under the “campus carrry” law that took effect August 1. The law allows concealed handgun license holders aged 21 and older to bring handguns into classrooms and other university facilities.

Yeakel said he worked under the assumption that professors have a constitutionally protected right of academic freedom, but that his final determination of that issue would be decided later in the case.

“It appears to the court that neither the Texas Legislature nor the (university’s) Board of Regents has overstepped its legitimate power to determine where a licensed individual may carry a concealed handgun in an academic setting”, Yeakel said.

The three professors, Dr. Jennifer Lynn Glass, Dr. Lisa Moore and Dr. Mia Carter, were seeking the option of maintaining their academic classrooms as gun-free zones when classes start again on August 24, 2016, but US District Judge Lee Yeakel ruled that neither lawmakers nor university regents should overstep their power in choosing where concealed firearms could be allowed on campus, the report said.

The professors tried to ban the so-called “campus carry” law on the grounds that it harms academic freedom.

Texas has allowed licensed concealed handguns in public since 1995.

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Conversely, the ruling is a victory for Attorney General Ken Paxton, who has aggressively demanded the university comply with the new law. “The right to keep and bear arms is guaranteed for all Americans, including college students, and I will always stand ready to protect that right”.

TODD WISEMAN  TEXAS TRIBUNE