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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."

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

stevie_d_64 wrote:It is nice to know that at least the old tried and true excuse of "I forgot" still works for some people.../sarcasm

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

stevie_d_64 wrote: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...