Thanks to our friends in Smith County, HB 2110 added DA's, CDA's, and CA's who are licensed to carry a concealed handgun to the list of those exempted from prosecution under Penal Code 46.02 and 46.03. I don't recall reading any posts here discussing this issue. Good? Bad? Indifferent? Helpful? Don't want to talk about it?
Our courthouse has no security at all. No metal detectors, no bailiff at the door, no security checks to enter the courtroom, and only one quick way out of the courtroom. We do have a deputy as bailiff during court sessions, but he doesn't screen anyone. My office (me plus one) is squirreled away on the third floor with an elevator broken for six months.
I had to weigh in before someone made a crack about Lawyers, Firearms and personal injury.
If anyone thinks a Law Degree and a Pistola is a bad combination, remember the Effa-Bee-Eye is comprised of Not Just Lawyers, but Accountants AND the few former Peace Officers... and they carry in the federal buildings!
I have no opinion on the matter until I get the coveted "Greeter" position at my local Wal-MART(s)
Then I'll start talking smack!
I remember a posting on this topic while the leg was in session. As I recall, the exemption in HB 2110 (now Tx. Pen. C. 46.15(a)) applies only to the elected DA, CDA or CA...not to his or her assistants. Is this still the general interpretation?
The statute, 46.15(a)(6) just says "a district attorney, criminal district attorney, or county attorney..." It doesn't say they have to be elected, just that they hold the office.
The commentary on HB 2110 in the 2005 TDCAA legislative update book says: "Although it may not be clear from the plain language of the amendment, the legislative intent behind this bill was to apply this change only to the officials holding those offices, not to their assistants or anyone else who might otherwise be referred to as "prosecutors," "prosecuting attorneys," or "attorneys representing the state."
You are correct. My point is that it does not apply to assistants.
Glad to see it passed, and thanks to all who supported it!
Promptly went and got my license after it passed to be able to keep one in my desk. Similarly situated to Mr. Bartly, no where to run, and no backup in sight most days!
Have been concerned enough to take it to the courtroom twice since it passed. Both times with pro se defendants who were so mad they were shaking. Not the norm, but does happen on occassion.
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