Bankruptcy Court in an office building?
Moderators: carlson1, Charles L. Cotton
Bankruptcy Court in an office building?
Went to visit a client today and in the meeting they mentioned that there was a court on another floor of the building.
No signage outside of the standard office building directory and a "No weapons allowed" in 1/2" letters on the door.
I'm guessing this is a no carry zone. Intent of the law might mean the floor, but from my reading it's likely the entire building and the parking lot if someone got a bug up their ass, right?
No signage outside of the standard office building directory and a "No weapons allowed" in 1/2" letters on the door.
I'm guessing this is a no carry zone. Intent of the law might mean the floor, but from my reading it's likely the entire building and the parking lot if someone got a bug up their ass, right?
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Re: Bankruptcy Court in an office building?
Don't carry in the courtroom or the judges's chambers.
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Re: Bankruptcy Court in an office building?
Bankruptcy is Federal, so I would be concerned it was in a "Federal Building" which is prohibited whether a court is there or not.
Ron
Ron
Ron
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NRA Member
Re: Bankruptcy Court in an office building?
Hold on. The entire building is off limits as defined by "premises."
PC §46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transporta-tion vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
PC §46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transporta-tion vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Bankruptcy Court in an office building?
If premises always meant the whole building, the definition wouldn't say "a portion of a building."
A good point is made about Federal facilities. It's something to consider, especially if his client is a government agency.
A good point is made about Federal facilities. It's something to consider, especially if his client is a government agency.
Re: Bankruptcy Court in an office building?
My client is not a federal agency. I guess there's a court renting space in the same building.
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Re: Bankruptcy Court in an office building?
This is one of those gray areas where the interpretation puts a CHL at risk. The law defines premises as a building or portion of a building. It never gives you any clue when to choose which half of the definition. I tend to interpret laws to the best benefit of myself when I see gray areas, so I would normally choose the portion of the building. But a DA who feels the same way about interpretations may decide to use the whole building in a case like this.
Consider the court in the middle of a strip mall. I am pretty sure that a case like that would be just the portion. A courthouse with no offices other than the court would almost definitely make the whole building off limits. A case like a court on one floor could go either way.
Consider the court in the middle of a strip mall. I am pretty sure that a case like that would be just the portion. A courthouse with no offices other than the court would almost definitely make the whole building off limits. A case like a court on one floor could go either way.
Steve Rothstein
Re: Bankruptcy Court in an office building?
Well, as Steve has said it's a grey area, but I look at the whole building being off limits for courts and portions of the building being off limits for government meetings. When it's a school the whole building is off limits whether the whole building is used as a school or not.apostate wrote:If premises always meant the whole building, the definition wouldn't say "a portion of a building."
A good point is made about Federal facilities. It's something to consider, especially if his client is a government agency.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Bankruptcy Court in an office building?
...second that opinion...
Re: Bankruptcy Court in an office building?
I don't agree. Let's assume a church building has a certified school in it. If there is a clear definition of where the school and church are separate in the building, then I would consider that the church portion was OK to carry since it was not used by the school and vice versa. However, as Steve said, a DA may have a different interpretation.C-dub wrote:Well, as Steve has said it's a grey area, but I look at the whole building being off limits for courts and portions of the building being off limits for government meetings. When it's a school the whole building is off limits whether the whole building is used as a school or not.apostate wrote:If premises always meant the whole building, the definition wouldn't say "a portion of a building."
A good point is made about Federal facilities. It's something to consider, especially if his client is a government agency.
My question to myself on any decision to carry or not in an gray area is: 'If I carry in here and get caught, do I have a very good explanation for my defense that would make sense to a Judge or Jury on why I felt it was legal to carry in in this area?' If the answer is a strong yes, then I carry. If not, then I err on the side of caution and don't.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Bankruptcy Court in an office building?
It might pay to remember that such things as property tax appeals and bankruptcies are held in front of "administrative law judges" and may not be in a formal courtroom setting. I have seen such hearings conducted in the meeting room of a local motel, in a meeting room at the "Plano Centre" and even in the back office of a title company, the court is wherever the "judge" sets up, which makes the grey area even greyer (18% gray??? )
Real gun control, carrying 24/7/365
Re: Bankruptcy Court in an office building?
I think the percentage may be higher, more like 51%. Maybe they can be required to post a sign?jimlongley wrote:It might pay to remember that such things as property tax appeals and bankruptcies are held in front of "administrative law judges" and may not be in a formal courtroom setting. I have seen such hearings conducted in the meeting room of a local motel, in a meeting room at the "Plano Centre" and even in the back office of a title company, the court is wherever the "judge" sets up, which makes the grey area even greyer (18% gray??? )
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Bankruptcy Court in an office building?
Ah! A photographer?jimlongley wrote: (18% gray??? )
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Email: CHL@centurylink.net
Vietnam (AF) Veteran -- Amateur Extra class amateur radio operator: N5WD
Email: CHL@centurylink.net
Re: Bankruptcy Court in an office building?
...PC46.03(a)(3) says "on the premises of any government court or offices utilized by the court,..." notice the "or"...so it is illegal to carry in EITHER the building where a government court is OR the building where offices utilized by the court is...
...the meaning of premises here is from 45.035, which also states building OR portion of a building...
...if EITHER of the two options "any government court" or "offices utilized by the court" happen on those premises...that building is off limits...
...the meaning of premises here is from 45.035, which also states building OR portion of a building...
...if EITHER of the two options "any government court" or "offices utilized by the court" happen on those premises...that building is off limits...
Re: Bankruptcy Court in an office building?
The green part I agree with and mostly follow for improperly posted places.Keith B wrote:I don't agree. Let's assume a church building has a certified school in it. If there is a clear definition of where the school and church are separate in the building, then I would consider that the church portion was OK to carry since it was not used by the school and vice versa. However, as Steve said, a DA may have a different interpretation.C-dub wrote:Well, as Steve has said it's a grey area, but I look at the whole building being off limits for courts and portions of the building being off limits for government meetings. When it's a school the whole building is off limits whether the whole building is used as a school or not.apostate wrote:If premises always meant the whole building, the definition wouldn't say "a portion of a building."
A good point is made about Federal facilities. It's something to consider, especially if his client is a government agency.
My question to myself on any decision to carry or not in an gray area is: 'If I carry in here and get caught, do I have a very good explanation for my defense that would make sense to a Judge or Jury on why I felt it was legal to carry in in this area?' If the answer is a strong yes, then I carry. If not, then I err on the side of caution and don't.
The blue part is the fuzzy area. For my daughter's school, the church used to be in the school, but are now two separate buildings. Whew! I am curious, based on your position on this issue, what your opinion is on a place like Parkland Hospital and UTSW. I haven't needed to go to Parkland, but don't think I would carry in there due to hassle it would create if discovered. I do think that Parkland, being a county hospital, is unable to prohibit a CHL from carrying in side, but the hospital is connected to the school.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider