Angelina County Prohibits Weapons in Some County Buildings

[Smokey613]

This was passed today by the Angelina County Commissioners Court.

[flintknapper]

This was passed today by the Angelina County Commissioners Court.

I hope Nacogdoches County doesn't adopt the same.

Why don't they include the parking lots or any area within 1,000 ft of the facility? Jurors, Judges, Family Members, etc.... use all of those areas as well.

They have done NOTHING to make the area any safer....by disarming the most law abiding of citizens. False security, at its finest!

[thetexan]

This appears to be in direct conflict with Attorney General Ken Paxton's recent opinion on this very subject which finds that a govenment entity can not arbitrarily prohibit the licensed carriage of guns in an entire building simply to cover a few court offices in that building. The entity risks sanctions, penalties and fines to do so.

https://texasattorneygeneral.gov/opinio ... kp0047.pdf

A simple complaint to the AG's office should quickly cure this.

tex

[JP171]

This appears to be in direct conflict with Attorney General Ken Paxton's recent opinion on this very subject which finds that a govenment entity can not arbitrarily prohibit the licensed carriage of guns in an entire building simply to cover a few court offices in that building. The entity risks sanctions, penalties and fines to do so.

https://texasattorneygeneral.gov/opinio ... kp0047.pdf

A simple complaint to the AG's office should quickly cure this.

tex

with the apparent non action on the part of the AG's office concerning improperly posted gubbermint buildings they can do what ever they want and get away with it. they say, we don't need no stinking AG to tell us what to do and he ain't gonna do nuthin anyways so HA!

[steveincowtown]

This appears to be in direct conflict with Attorney General Ken Paxton's recent opinion on this very subject which finds that a govenment entity can not arbitrarily prohibit the licensed carriage of guns in an entire building simply to cover a few court offices in that building. The entity risks sanctions, penalties and fines to do so.

https://texasattorneygeneral.gov/opinio ... kp0047.pdf

A simple complaint to the AG's office should quickly cure this.

tex

with the apparent non action on the part of the AG's office concerning improperly posted gubbermint buildings they can do what ever they want and get away with it. they say, we don't need no stinking AG to tell us what to do and he ain't gonna do nuthin anyways so HA!

Exactly. All the hard work and political capital put into SB 273 and our do nothing AG is not enforcing it. Very upset that I voted for him, and unless he tightens up his game I will not vote for him again.

The other issue is that as more cities see other cities getting away with this foolery, they will start posting 30.06/.07 as well.

[Soccerdad1995]

Other than the inconvenience, is there any real risk of OC'ing past these illegal signs, taking the citation, and then getting the case thrown out?

Seems like there would be a decent civil suit against the city for false arrest / prosecution as compensation for any inconvenience....

[JP171]

Other than the inconvenience, is there any real risk of OC'ing past these illegal signs, taking the citation, and then getting the case thrown out?

Seems like there would be a decent civil suit against the city for false arrest / prosecution as compensation for any inconvenience....

that would be great, but the city or government entity isn't going to let you sue them for it and under texas law the entity has to say it ok if you sue us or the courts won't take it

[Abraham]

If I lived in that area, I'd be willing to alert the AG.

I don't live in that area, so which of you will do the necessary AG notification?

Step up please.

[Soccerdad1995]

Other than the inconvenience, is there any real risk of OC'ing past these illegal signs, taking the citation, and then getting the case thrown out?

Seems like there would be a decent civil suit against the city for false arrest / prosecution as compensation for any inconvenience....

that would be great, but the city or government entity isn't going to let you sue them for it and under texas law the entity has to say it ok if you sue us or the courts won't take it

I'm reminded of something I once read

"......That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness....."

And then I'm reminded of something else

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

The King won't allow his subjects to file suit. Sounds like it's time for a new King.

[G.A. Heath]

This document is very similar, if not identical to, something I was expecting my county to run with. I was thrilled they didn't go this route and disappointed that I couldn't get that document. I am going to mention Charles L. Cotton in this post to trigger a notification just in case he would otherwise miss it. My County wanted to do this and was shutdown by the district judge who refused to go along with it. I have been getting reports that some counties are posting signs saying the courthouse is off limits per 46.03 and 46.035 in an effort to avoid the fines for signs law, This is why we need to revisit the fines for signs law and expand it to cover any signage that references any statute, license holder(s), or other means to prohibit legal carry. We also need to add a provision for a private cause of action so that the citizens who are affected by this illegal activity can take the issue up if the AG's office fails to act, perhaps due to an excessive workload.

[cb1000rider]

Other than the inconvenience, is there any real risk of OC'ing past these illegal signs, taking the citation, and then getting the case thrown out?
Seems like there would be a decent civil suit against the city for false arrest / prosecution as compensation for any inconvenience....

Maybe the fact that the arrest is on file. You're also assuming the same jurisdiction that decided to put up these signs will chose to drop the charges on you, which is a pretty big gamble.

If you've got a few extra dollars, don't need to apply for a job again, and want to be the guy who solved this issue for the rest of us, you have my thanks...

I think false arrest is probably a "knowingly" thing - LEOs enforce the law at the direction of their bosses..

[Soccerdad1995]

Other than the inconvenience, is there any real risk of OC'ing past these illegal signs, taking the citation, and then getting the case thrown out?
Seems like there would be a decent civil suit against the city for false arrest / prosecution as compensation for any inconvenience....

Maybe the fact that the arrest is on file. You're also assuming the same jurisdiction that decided to put up these signs will chose to drop the charges on you, which is a pretty big gamble.

If you've got a few extra dollars, don't need to apply for a job again, and want to be the guy who solved this issue for the rest of us, you have my thanks...

I think false arrest is probably a "knowingly" thing - LEOs enforce the law at the direction of their bosses..

IANAL - but the statute seems pretty clear here that it is not against the law to carry in the locations referenced. When I say "get the case thrown out" I am thinking of showing up in court with a copy of the relevant law. Same approach for the civil case. A claim of ignorance on the part of the government agency seems to be a bit of a stretch given that the law is very clear. And I would imagine that civil claim would be pursued against the people who wrongly told the LEOs to make the arrest vs the LEO's themselves.

That said, a $200 max citation may not involve an arrest at all.

[Abraham]

The AG didn't anticipate the slew of notifications?

Doesn't he have a staff?

I'm not one to say "give him time".

He's had plenty of time.

I'm more inclined to say, he's foot dragging.

Just one highly publicized example, would reverse a lot of improper signage, but he's not even done that.

[Smokey613]

If I lived in that area, I'd be willing to alert the AG.

I don't live in that area, so which of you will do the necessary AG notification?

Step up please.

I am waiting for someone local to file a complaint on this. Due to mine and my wife's employment it will not be us.

[Abraham]

Smokey613,

Your post is so cryptic, I don't understand.

Can you give more details without (of course) revealing information deleterious to you?

Thanks!