Austin, TX -(AmmoLand.com)- A segment of the September 14, 2016, episode of Comedy Central's The Daily Show with Trevor Noah lampoons Texas' campus carry law with coverage of the much-publicized #CocksNotGlocks protest.
The segment is undeniably humorous—thanks in no small part to an interview in which Open Carry Texas founder C.J. Grisham steps into several verbal traps laid by Daily Show correspondent Roy Woods Jr.—but the segment strays from the facts in a significant way.
During an interview with #CocksNotGlocks founder Jessica Jin, Woods holds up a handgun and asks, “So this is legal?”
He then puts down the gun, holds up a dildo, and asks, “This is illegal?”
Jin replies, “Welcome to Texas.”
A couple of minutes later, Woods—speaking in voiceover narration—says, “My solution: Make dildos legal on a Texas campus by adding a gun.” He is then shown standing among dozens of #CocksNotGlocks protestors, holding up a handgun encased in a giant dildo.
It's a good joke, but it's based on a myth.
Although the official #CocksNotGlocks website explicitly states, “You would receive a citation for taking a dildo to class before you would get in trouble for taking a gun to class,” there is, in reality, no circumstance under which a dildo is less legal than a handgun on a Texas college campus. However, that hasn't stopped legitimate, non-comedy news outlets from repeating this myth as fact.
The mistaken belief that dildos are prohibited on Texas college campuses stems from the fact that Texas law and University of Texas policy prohibit the display of “obscene” materials on campus. However, Texas law and University of Texas policy also prohibit the display of handguns on campus, and the penalty for displaying a handgun is significantly higher than the penalty for displaying obscene material. In other words, although there is no circumstance under which a dildo is less legal than a handgun on a Texas college campus, there are many circumstances under which a dildo is more legal than a handgun on a Texas college campus.
It breaks down like this:
Who is authorized to possess/carry a dildo on a Texas college campus: everyone.
Penalty for displaying a dildo on a Texas college campus: $500 fine (unless the dildo is carried as part of a constitutionally protected expression of free speech).
Penalty for displaying a handgun on a Texas college campus: either one year in jail, a $4,000 fine, and a five-year revocation of the offender's license to carry or ten years in prison, a $10,000 fine, and a lifetime ban on owning a gun, depending on whether the offender is licensed to carry a handgun and how the court chooses to interpret Texas Penal Code Section 46.03(a)(1)(B).
One of SCC's Facebook followers was kind enough to create this handy chart comparing the legality of handguns and dildos on Texas college campuses:
|CIRCUMSTANCE||HANDGUN LEGALITY||DILDO LEGALITY|
|LTC holder carrying the object concealed||Legal unless in a prohibited location||Legal everywhere|
|Unlicensed person carrying the object concealed||Third-degree felony in buildings; Class A misdemeanor outside||Legal everywhere|
|LTC holder carrying the object openly||Class A misdemeanor or possible third-degree felony||Possible Class C misdemeanor|
|Unlicensed person carrying the object openly||Third-degree felony in buildings; Class A misdemeanor outside||Possible Class C misdemeanor|
|LTC holder displaying the object as a form of protest||Class A misdemeanor or possible third-degree felony||Legal everywhere|
|Unlicensed person displaying the object as a form of protest||Third-degree felony in buildings; Class A misdemeanor outside||Legal everywhere|
If you, like Texas Tribune reporter Matthew Watkins, think this is a weird discussion to be having, please understand that we completely agree. We'd much rather be discussing the relevant facts of campus carry; however, too many media outlets want to portray Texas' campus carry law as being inconsistent with other Texas laws (i.e., laws regulating dildos on college campuses).
In reality, the entire point of Texas Senate Bill 11 (campus carry) was to make the state laws regulating the licensed, concealed carry of handguns on college campuses more consistent with the state laws regulating the licensed, concealed carry of handguns throughout the rest of the state.
About Students for Concealed Carry:
Students for Concealed Carry (SCC) is a national, non-partisan, grassroots organization comprising college students, faculty, staff, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else. SCC is not affiliated with the NRA or any other organization. For more information on the debate over campus carry in Texas, visit WhyCampusCarry.com.