Garland City Attorney and Glock at Love Field

[Afff_667]

Gun found in Garland official's bag at airport
09:34 PM CST on Wednesday, December 10, 2008
By STEVE THOMPSON / The Dallas Morning News
stevethompson@dallasnews.com

Garland's city attorney found himself in handcuffs before a flight from Dallas Love Field on Tuesday afternoon, when security screeners X-rayed his carry-on bag and found a loaded .40-caliber Glock handgun.

"I bet I know what it is," Brad Neighbor said when he realized the airport screeners had found something, a Dallas police report says. But after a bit of lawyering on his own behalf, he managed to avoid arrest.

"The suspect and his property were then taken to the police room," the report says.

Once inside, Mr. Neighbor explained that he'd forgotten that the gun was in his bag. For most people, that excuse wouldn't do. But Mr. Neighbor also told them that as a city prosecutor, the state law against carrying guns in prohibited places – such as airports – doesn't apply to him.

At first, the officers were skeptical, and they checked their copy of the penal code. It held exemptions for some, such as police officers, but not for a city prosecutor.

But, as the police report notes, "Available resources at the Love Field unit revealed only an old copy of the applicable law."

When the officers called someone at the Dallas County Jail to check a more recent copy, they decided Mr. Neighbor was right.

Dallas police Lt. Mark Vernon, a supervisor at Love Field, explained it this way Wednesday: It's not that Mr. Neighbor would be allowed inside the airport with a gun, he said. It's just that "the state law that normally people would be arrested for ... is not applicable to him."

Contacted about the incident, Mr. Neighbor said he hadn't meant to bring the gun.

"It was simply an oversight," he said. "I returned the handgun to my vehicle and went on my way."

Am I missing something here with this story? It seems to me that it just doesn't sound right....but I could be wrong.

Wouldn't federal law come into this if Mr Neighbor were caught with the gun getting into the secured portion of the airport?

What cases does a City Attorney "prosecute" beyond traffic cases in municipal court, civil actions, etc?

[WildBill]

A city attorney does not prosecute criminals. He is usually the person who supplies legal advice to mayors and city council.

[LCP_Dogg]

I'm not sure if I would leave my gun locked in my car in an airport parking lot like he ended up doing..

Or if I would have left it at home. That's a tough call. I always feel like my car is going to be broken into if I leave it at the airport for more than a day. And a glove box is hardly secure enough to stop a criminal from getting into it.

Then again, leaving it at home means you're unarmed when you get back to your car and until you get home - howeverlong that may be...

Hmmm, tough call...

[KRM45]

Sec. 46.15. NONAPPLICABILITY.


Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 1



(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;
(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section 76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency;
(6) a district attorney, criminal district attorney, municipal attorney, or county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; or
(7) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer.


Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 6

[atxgun]

I'd like to see
(8) It's your birthday!

[stevie_d_64]

I'd like to see
(8) It's your birthday!

Now that's funny!!! (made my day!!!)

For what it is worth, when he called himself (in the article) a "city prosecutor" when all he is is a "city attorney" he sure did lawyer himself out of this one for sure...City attorneys are appointed (hired) to be advisors to the administration on legal affairs, I do not see him as a "prosecutor" as he stated (in the article) as to his status and the applicability to his exemption per the law...

It is nice to know that at least the old tried and true excuse of "I forgot" still works for some people.../sarcasm

Which might get us a nice cozy place to reside for a while till one of us gets lawyered out if this happened to us...

[bayouhazard]

It is nice to know that at least the old tried and true excuse of "I forgot" still works for some people.../sarcasm

It appears he subscribes to the old adage that the laws are for the little people.

[stevie_d_64]

From the City of Garland website:

http://www.ci.garland.tx.us/Home/City+H ... +Attorney/" onclick="window.open(this.href);return false;

The City Attorney Department's mission is to protect the interests of the City through vigorous defense of lawsuits brought against it and to provide zealous prosecution of the City's claims while providing comprehensive representation and legal advice to City officials and the various City departments.

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Seems to me that his job description is correct...

But in my defense...I propose this...

"I forgot armed robbery was illegal!"

I think that'll work if you ask me...

[bpet]

There's a small "town" named "Mobile City" just outside Rockwall north of I-30 that incorporated to allow a liquor store to be established to sell its wares to those who don't want to drive into Dallas for their spirits. I'm sure that Mobil City gets 90% of its revenue from the liquor store and since it consists of a mobile home park, and not much else, probably has enough money to pay for a "city attorney".

While I'm no lawyer, I'm sure I'm as qualified for this position as the current Mayor is for his/her position. With perks like this, I may just see if the spot is already filled. They don't have a police or fire department that I know of so with the tax revenue from "ChiliMart", I might even have a chance to make a few bucks to supplement my retirement.

Life is good in the USA!

[WildBill]

A city attorney does not prosecute criminals. He is usually the person who supplies legal advice to mayors and city council.

From the City of Garland website:
The City Attorney Department's mission is to protect the interests of the City through vigorous defense of lawsuits brought against it and to provide zealous prosecution of the City's claims while providing comprehensive representation and legal advice to City officials and the various City departments.

Seems to me that his job description is correct...

I guess my job description was not accurate. I forgot about the "vigorous" and "zealous" parts.