Texas AG asked to clarify courthouse carry

[mojo84]

This should be interesting as some courthouses buildings ban the carry of guns in the entire building.

@chucklindell: West Texas DA seeks AG opinion on extent of allowable gun bans in buildings that contain courtrooms:

https://www.texasattorneygeneral.gov/op ... 0040KP.pdf" onclick="window.open(this.href);return false; #txlege

[joe817]

Thanks for posting. It will be interesting to see what the AG's opinion is.

[Salty1]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations. She has listed places that are not prohibited

"The Act seems to authorize licensed handgun carriers to enter government premises while
armed, with the exception of places listed in Sections 46.03 and 46.035, Texas Penal Code. These
places include schools, polling places during elections, racetracks, airports, the penitentiary when a
death row inmate is being executed, bars, liquor stores, sporting events, correctiona·I facilities,
hospitals, nursing homes, amusement parks, and churches."

[bigity]

At least they are asking? Probably been bothered by the citizens enough to to so finally?

[atxscubasteve]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations. She has listed places that are not prohibited

"The Act seems to authorize licensed handgun carriers to enter government premises while
armed, with the exception of places listed in Sections 46.03 and 46.035, Texas Penal Code. These
places include schools, polling places during elections, racetracks, airports, the penitentiary when a
death row inmate is being executed, bars, liquor stores, sporting events, correctiona·I facilities,
hospitals, nursing homes, amusement parks, and churches."

You would think he would be more educated on the subject before writing. You can carry in liquor stores so long as they don't have a 30.06 because you can't drink in liquor stores. You can carry in hospitals, nursing homes, churches, and amusement parks so long as they haven't verbally advised or have 30.06 posted.

From my understanding, under the new law, we will be able to carry in courthouse buildings but not inside the actual court room. Let me know if I am wrong.

[Jago668]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations.

You would think he would be more educated on the subject before writing.

See ya'll are just talking crazy. Expecting someone who prosecutes people for breaking the law to be able to read and understand the law is just ridiculous. Considering SCOTUS cannot read the constitution, why would you expect some lowly DA to be able to do a basic function of their job?

[mojo84]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations.

You would think he would be more educated on the subject before writing.

See ya'll are just talking crazy. Expecting someone who prosecutes people for breaking the law to be able to read and understand the law is just ridiculous. Considering SCOTUS cannot read the constitution, why would you expect some lowly DA to be able to do a basic function of their job?

Busted and guilty as charged.

[3dfxMM]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations. She has listed places that are not prohibited

"The Act seems to authorize licensed handgun carriers to enter government premises while
armed, with the exception of places listed in Sections 46.03 and 46.035, Texas Penal Code. These
places include schools, polling places during elections, racetracks, airports, the penitentiary when a
death row inmate is being executed, bars, liquor stores, sporting events, correctiona·I facilities,
hospitals, nursing homes, amusement parks, and churches."

You would think he would be more educated on the subject before writing. You can carry in liquor stores so long as they don't have a 30.06 because you can't drink in liquor stores. You can carry in hospitals, nursing homes, churches, and amusement parks so long as they haven't verbally advised or have 30.06 posted.

From my understanding, under the new law, we will be able to carry in courthouse buildings but not inside the actual court room. Let me know if I am wrong.

I must be missing something here. I didn't see anything that would indicate such a change. To me, the way the law is worded regarding courts is very clear as it is. Having said that, I will gladly accept any re-education attempts on this subject. :)

[jmra]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations.

You would think he would be more educated on the subject before writing.

See ya'll are just talking crazy. Expecting someone who prosecutes people for breaking the law to be able to read and understand the law is just ridiculous. Considering SCOTUS cannot read the constitution, why would you expect some lowly DA to be able to do a basic function of their job?

Reminds me of a debate I had a few years ago with a detective who insisted that churches were off limits for CHL carry. A few days later he showed up and interrupted a church staff meeting with a copy of a portion of the penal code he said he had just been handed by the DA which proved that church carry was off limits. My brother was on staff at the time and immediately sent me a picture of the page. It only took about 2 minutes of Google foo to discover that the portion of the code the DA had provided had been rescinded some 7 years earlier. I forwarded a copy of the memo I found on the net from the director of DPS stating the date it had been rescinded and asked that it be hand delivered to the DA. Haven't heard a word about it since.

[ELB]

DA Palmers also seems to think that the County Treasurer can be "construed" as an office utilized by the court. That's a bit more than a stretch. I think claiming the Probation Department is "utilized by the court" is another long stretch. Frankly I don't think even the DA's office can be said to be "utilized by the court", but If it does, then any DA's office that is in a building that doesn't even contain a court would be off limits. Certainly a Treasurer's office is not "utilized by the court" when it is not in a courthouse, so I don't see how it could be "utilized by the court" when it is in a courthouse.

I shall be very interested to see what the AG thinks "utilized by the court" means.

[Charles L. Cotton]

I would have thought that Allison Palmer who sent the request would have at least done some research on the prohibited locations. She has listed places that are not prohibited

"The Act seems to authorize licensed handgun carriers to enter government premises while
armed, with the exception of places listed in Sections 46.03 and 46.035, Texas Penal Code. These
places include schools, polling places during elections, racetracks, airports, the penitentiary when a
death row inmate is being executed, bars, liquor stores, sporting events, correctiona·I facilities,
hospitals, nursing homes, amusement parks, and churches."

You would think he would be more educated on the subject before writing. You can carry in liquor stores so long as they don't have a 30.06 because you can't drink in liquor stores. You can carry in hospitals, nursing homes, churches, and amusement parks so long as they haven't verbally advised or have 30.06 posted.

From my understanding, under the new law, we will be able to carry in courthouse buildings but not inside the actual court room. Let me know if I am wrong.

I must be missing something here. I didn't see anything that would indicate such a change. To me, the way the law is worded regarding courts is very clear as it is. Having said that, I will gladly accept any re-education attempts on this subject. :)

You are correct; nothing in SB273 changed the law concerning courtrooms or court offices. There was a clarification dealing with meetings of governmental entities and agencies.

They are concerned because of the potential for huge daily per sign fines.

Chas.

[Deltaboy]

It should be simple you can't carry in the actual courtroom but every where else in the Court House is open to CCW.

[bulinm]

I don't think they'll let you in with a pocket knife.

[C-dub]

Maybe the AG will correct all the misconceptions and misunderstandings from that DA.

[v-rog]

I'm sure the Texas AG can advise on carrying while in jail...