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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.
 
Posts: 7 | Location: Hallettsville, TX USA | Registered: July 26, 2005Reply With QuoteReport This Post
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The 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.
 
Posts: 4 | Registered: April 20, 2007Reply With QuoteReport This Post
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See 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.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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Is it a conflict of interest to be a commissioned peace officer and a County Judge?
 
Posts: 267 | Location: Mansfield, Texas | Registered: August 07, 2001Reply With QuoteReport This Post
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I 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.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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Under PC 46.15 (4), judges are exempt, as are District Attorneys, Criminal District Attorneys, and County attorneys.
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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46.15(4) only applies if they have a concealed handgun license under Subchapter H, Chapter
411, Government Code.
 
Posts: 4 | Registered: April 20, 2007Reply With QuoteReport This Post
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