Port of Houston banning guns?

[tiger1279]

I hate to take a post I have seen on another forum as factual, but it is interesting none the less. Apparently, according to this post, the Port of Houston without posting either a 30.06 or a 30.07 sign is banning the carrying of guns even if you are licensed to do so. They are doing this using a letter from the chief of port police handed out to everyone entering the gates. I used to work out at the port and they have always had their own way of doing things. Still, I wonder if this is legal?

[tiger1279]

Here is a statement from the Port Police web site:
Under the provisions in our Facility Security Plans, which go into effect on January 1, 2016, neither concealed nor open carry of firearms is permitted in Port of Houston Authority facilities, including buildings, docks and other secured or restricted areas. If you have any questions concerning these provisions, please contact Chief Mark Smith at 713-670-3646.

So there you have it!

[JP171]

And this may completely legal as a foreign free trade zone and not subject to texas law but rather federal law even if it does resemble a hoover vacuum

[tiger1279]

And this may completely legal as a foreign free trade zone and not subject to texas law but rather federal law even if it does resemble a hoover vacuum

After thinking about it, I suppose the letters they are handing out to everyone entering the property would serve as written notice and meet the requirements of the law.

[ScottDLS]

And what Federal law will they be using to prosecute anyone discovered carrying?

[JP171]

not sure, I only know that there is a law forbidding weapons on anyone other than LEO's in foreign free trade zones

[ScottDLS]

not sure, I only know that there is a law forbidding weapons on anyone other than LEO's in foreign free trade zones

It should be in Title 18, and there's not one there. Anywhere else? The US Attorney is going to need to find a basis for a criminal information or indictment, so the Port Police (State agency) are going to have to find one in the US code, because there's none in the Texas Penal Code.

[JP171]

don't know Scott, just know what the signs say and it doesn't cite any us code as far as I remember but the signs do say that it is illegal to possess a firearm on or in a foreign free trade zone possibly in 19 USC free trade zone act?

[dhoobler]

Here is a statement from the Port Police web site:
Under the provisions in our Facility Security Plans, which go into effect on January 1, 2016, neither concealed nor open carry of firearms is permitted in Port of Houston Authority facilities, including buildings, docks and other secured or restricted areas. If you have any questions concerning these provisions, please contact Chief Mark Smith at 713-670-3646.

So there you have it!

I think the port is claiming that a federal security plan superceeds state law. It does not. This was addressed in GA-0972.

https://www.texasattorneygeneral.gov/op ... ga0972.htm

[ScottDLS]

Here is a statement from the Port Police web site:
Under the provisions in our Facility Security Plans, which go into effect on January 1, 2016, neither concealed nor open carry of firearms is permitted in Port of Houston Authority facilities, including buildings, docks and other secured or restricted areas. If you have any questions concerning these provisions, please contact Chief Mark Smith at 713-670-3646.

So there you have it!

I think the port is claiming that a federal security plan superceeds state law. It does not. This was addressed in GA-0972.

https://www.texasattorneygeneral.gov/op ... ga0972.htm

Yep that's it. Particularly because the general criminal jurisdiction over the Port (State property) belongs to the state. Title 19 USC provides for Federal jurisdiction over Customs Collections and Inspections, based on the Federal Constitutional enumerated power over foreign commerce, but not the carrying of arms, or other general criminal jurisdiction.

[JP171]

So what's the plan here folks? How do we get them to cooperate?

I don't think your going to get US Customs to cooperate with any state law as the have shown thru the border patrol they don't give a single solitary blast what state law is and will do what ever they want

[tiger1279]

My knowledge of Port operations is limited and dated. I worked out there over 20yrs ago. I do know this, however, there are a lot of overlapping jurisdictions involved in Port operations. The Port Police deal with crime and procedures on Port property. US Customs deals with cargo and illegal drug activity on incoming ships. The Coast Guard has authority over the channel and the wharves including the warehouses on those wharves. Then the FBI and Homeland Security have a lot of sway in the overall security of the Port facilities. I know that a few years ago the Port Authority along with other channel industries created a Security Zone which took in the whole channel route. They all cooperate in providing security and surveillance throughout the zone. It's a real mess of jurisdictions out there.

[roadkill]

I read that letter and the way understood it was as long as you keep your gun in your vehicle you were ok anywhere in the port. I have a hard time believing they would let you keep a gun in your truck past the gates requiring a twic for access.

[tiger1279]

I read that letter and the way understood it was as long as you keep your gun in your vehicle you were ok anywhere in the port. I have a hard time believing they would let you keep a gun in your truck past the gates requiring a twic for access.

I thought that was odd too. They don't want people carrying guns, but it's OK to have one in your vehicle. If someone was bent on mischief what to keep them from going to their vehicle and retrieving their gun? Seems like a flaw in their security plan.