Request for TX AG Opinion - Bosque County

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ELB
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Request for TX AG Opinion - Bosque County

#1

Post by ELB » Mon Sep 24, 2018 10:39 am

https://www2.texasattorneygeneral.gov/o ... &utm_term=

The sheriff of Bosque County wants to know if he could ban license carry in the entire courthouse
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Re: Request for TX AG Opinion - Bosque County

#2

Post by Jusme » Mon Sep 24, 2018 10:50 am

The request, never mentions, LTC holders. It is only asking about county employees, and elected officials. I don't know if the Sheriff,or the County Attorney, are not clear on the statute, or if this has nothing to do with the general public.
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Re: Request for TX AG Opinion - Bosque County

#3

Post by roadkill » Mon Sep 24, 2018 10:55 am

Beat me to it. Just saw the email. This should be interesting. I bet he’ll say they can ban due to employment (employer policy) but hope he clarifies that LTC can carry in the same locations.


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Re: Request for TX AG Opinion - Bosque County

#4

Post by roadkill » Mon Sep 24, 2018 10:56 am

Jusme wrote:
Mon Sep 24, 2018 10:50 am
The request, never mentions, LTC holders. It is only asking about county employees, and elected officials. I don't know if the Sheriff,or the County Attorney, are not clear on the statute, or if this has nothing to do with the general public.
Implied from the AG opinions he cited.

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Re: Request for TX AG Opinion - Bosque County

#5

Post by Jusme » Mon Sep 24, 2018 11:05 am

roadkill wrote:
Mon Sep 24, 2018 10:56 am
Jusme wrote:
Mon Sep 24, 2018 10:50 am
The request, never mentions, LTC holders. It is only asking about county employees, and elected officials. I don't know if the Sheriff,or the County Attorney, are not clear on the statute, or if this has nothing to do with the general public.
Implied from the AG opinions he cited.
Maybe, but, it sounds more like they are implementing a policy, on employees, and elected officials and are wondering if they would be in violation, of the LTC statute. They mention, that employees, and officials, would have to use the same restroom facilities, as witnesses, and defendants, but no mention regarding the general public.

I haven't been in the Bosque County courthouse, in a long time, so, I don't know if they already prohibit carry, by LTC holders, in general. Do any Bosque County Members, know?
Take away the Second first, and the First is gone in a second :rules: :patriot:

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Re: Request for TX AG Opinion - Bosque County

#6

Post by ELB » Mon Sep 24, 2018 11:46 am

The request referenced KP-047 and KP-049, both of which are concerned with licensed carry in courthouses and buildings containing courts. Handgun carry is generally forbidden in public, unless one has a License to Carry. It is already illegal to csrry a handgun in court house without a license and no elected official nor employer could legally do so unless the law authorizes it already (e.g. cops). Thus the issue at hand is licensed carry by elected officials and employees.

I thought at first this was focused on whether government as employer can forbid employees to carry, but after reading the whole request the focus is on whether THE SHERIFF (not government as employer) can secure the whole building against licensed carry or only the court rooms, with a sub-question about whether Treasurer and Auditor offices can be considered offices of the court. The AG has answered all these questions previously.

If the AG does address the government-as-employer issue, my guess is that he will say that unelected employees may be forbidden to carry by county as employer, but elected officials are only subject to statutory limitations.
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Re: Request for TX AG Opinion - Bosque County

#7

Post by puma guy » Mon Sep 24, 2018 12:14 pm

Very obvious the Sheriff wants the entire building declared a court, so he can ban carry licensed or otherwise. He probably spends too much time in that bathroom and the environmental emissions have seeped into his brain.
The Sheriff contends that because our courthouse is small, and there is only one public bathroom and county employees use the same bathroom as
defendants, witnesses, etc., the entire courthouse should be considered a "government court".
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Re: Request for TX AG Opinion - Bosque County

#8

Post by Abraham » Mon Sep 24, 2018 12:16 pm

Oh boy, another goober wanting to bend the law the way 'they see fit', yeah, sure...

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Re: Request for TX AG Opinion - Bosque County

#9

Post by JustSomeOldGuy » Wed Sep 26, 2018 12:43 pm

Rent some porta-potties. Problem solved. :biggrinjester:
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