April 19, 2007, 18:02
V'Anne HuserCounty Judge Packing Heat
My County Judge requested an opinion as to whether he may carry a concealed handgun in the courthouse. He is a commissioned peace officer. Has anyone already researched this issue? Don't want to reinvent the wheel. Thanks.
April 20, 2007, 10:06
MToronjoThe answer is yes they can carry in the Court House so long as they have a valid CHL or other legal means of carrying.
Sec 411.201 of the Texas Goverment Code authorizes Judges to receive CHL's and under Sec 46.03 ( Places weapons prohibited) of the Penal Code, Sec 46.03(b) states: It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
April 20, 2007, 12:01
Boyd KennedySee PC 46.03 (a) (3) and 46.15 (a)(1): Peace officer may carry in places where carry is prohibited, including courthouse, regardless of whether the peace officer is engaged in the actual discharge of the officer's duties.
Is it a conflict of interest to be a commissioned peace officer and a County Judge?
April 20, 2007, 16:14
Boyd KennedyI haven't kept up with this body of law, and more facts would be needed, but this may be a starting place:
A.G. Op. JM-1047 (1989): The common law doctrine of incompatibility prevents one person from serving as both JP and jailer in the same county. Also, the JP may not be a "neutral and detached magistrate" for the purposes of issuing arrest and search warrants, as required by the 4th amendment.
April 21, 2007, 13:21
mike bartleyUnder PC 46.15 (4), judges are exempt, as are District Attorneys, Criminal District Attorneys, and County attorneys.
April 22, 2007, 18:00
MToronjo46.15(4) only applies if they have a concealed handgun license under Subchapter H, Chapter
411, Government Code.