Originally posted by Moira Schilke: Is there some reason that people need to carry guns in government buildings?
If you're just now asking that question, you've missed the boat.
Keep an eye out for more from TDCAA on these opinions this afternoon.
December 22, 2015, 13:13
Moira Schilke
What boat?
December 22, 2015, 14:24
Robert S. DuBoise
In looking at the statutes--Government Code 411.209 is limited solely to signage pursuant to Penal Code 30.06 (i.e. that prohibits the carrying of a concealed weapon in a government building other than those set forth in Penal Code Sections 46.03 and 46.035).
If I'm reading this correctly--a governmental entity may absolutely post a sign pursuant Penal Code Section 30.07 (prohibiting open carry) without fear of any fine or injunctive action under Government Code 411.209. Obviously what you may lose is the ability to prosecute someone if the premises or place is not one specified in Texas Penal Code Sections 46.03 and 46.035.
Discussion?
December 22, 2015, 14:37
Shannon Edmonds
quote:
Originally posted by Robert S. DuBoise: If I'm reading this correctly--a governmental entity may absolutely post a sign pursuant Penal Code Section 30.07 (prohibiting open carry) without fear of any fine or injunctive action under Government Code 411.209.
Well, *we* think you're reading it correctly, but KP-0049 says you are not. And that's the rub. See today's case summaries and legislative update for more.
December 22, 2015, 16:25
Ray
I am going to read these opinions once again next week after a Christmas break or a Happy Holiday break or whatever this break is currently called without getting into trouble. However, many years ago a wise fellow told me that every Attorney General thinks they would make a good Governor.
December 22, 2015, 16:46
Robert S. DuBoise
I just don't know why we're talking about legislative intent in the absence of any ambiguity in the statute (Gov't Code 411.209).
December 23, 2015, 09:30
Ray
Legislative intent is used when the plain words are not of your liking. Or when the plain words are unclear.
December 29, 2015, 17:09
Jim Tirey
I got several warning/prohibition signs from TAC today in the mail. I am thinking about posting them in random places. If Hale County gets sued, you did not read this here. This message has been edited. Last edited by: Jim Tirey,
December 30, 2015, 16:44
Scott Brumley
If Hale County gets sued, Jim, I suspect it will not be alone.
Happy New Year, y'all!
December 31, 2015, 12:21
ed klein
quote:
Originally posted by ed klein:
Has anyone else noticed that none of the AG's opinions on this topic nor the Governor's Office Memo have addressed the fact that Sec. 46.03(a)(3) states that weapons are prohibited on the premises of any "government" court.
"Government" has a specific definition listed in Sec. 1.07 (24). If you incorporate this definition (like should be done in any other context), specifically Sec. 1.07 (24)(C), along with the word "Court," it arguably significantly expands the areas where weapons would be prohibited, not restricts them. An argument could be made that the correct definition of a "government court" would include the "Commissioners Court" as well. (see also Black's Law Dictionary definition of "court")
It seems like a huge assumption is being made that 46.03 limits its scope to a strictly "judicial" court. Especially when you compare 46.03 with 37.13, and other places in the penal code and the code of criminal procedure where "courts" are mentioned.
In other words, the Legislature knows how to limit the scope of a statute to cover a judicial court, and by using the modifier "government" it specifically did not do so in this case.
I am curious as to other people's opinions on this issue.
February 17, 2016, 09:47
EDorsey
quote: "It seems like a huge assumption is being made that 46.03 limits its scope to a strictly "judicial" court."
I agree, that's the assumption in the Governor's memo and AG opinions. Our office decided that a Commissioners' Court is definitely a "government court" for multiple reasons. - plain language of the text - legal definition of "court" - other uses of "court" in related statutes - Commissioners' Court is presided over by a County Judge (and our County Judge is a magistrate and spends at least 40% of his county time performing judicial duties) - Commissioners' Courts in Texas are courts of record
I'm sure I forgot something. It just seems ridiculous for them to assume/argue that the term "government court" suddenly excludes a Commissioners' Court when that part of the text didn't change.
February 17, 2016, 14:45
A. Diamond
RQ-0097-KP Go to: Another, new, AG opinion request relating to this series:
https://www.texasattorneygener...016/pdf/RQ0097KP.pdf Received: Thursday, February 11, 2016 Re: Whether a non-profit entity that has offices on land owned by a municipality may restrict the carrying of concealed handguns on the property Requestor: The Honorable Lisa Pence Erath County Attorney
February 17, 2016, 14:49
Jim Tirey
Also, Art. V, sec. 1 of the Texas Constitution expressly names "commissioners courts" as places in which the judicial power of the state vests. I agree on your other points as well in favor of including commissioners courts under the phrase "government court," which is a curious phrase to begin with.
This message has been edited. Last edited by: Jim Tirey,