Go | New | Find | Notify | Tools | Reply |
Member |
In light of recent changes in the statute, has anyone posted a new sign on the courthouse door regarding firearm possession in the building? If so, is your sign different for county owned buildings that do not house "courtrooms"? For example, we have a building that is county administration, primarily, but it does house the Community Supervision office. Any thoughts would be helpful. | ||
|
Member |
The law doesn't say you can't post a sign. It just says the defendant either can't be charged or has a defense to prosecution under certain circumstances, regardless of the sign. So, the sign can still serve as a deterrent, I would think. | |||
|
Member |
a CHL permit is not a defense to carrying a weapon in the courthouse or any other government building which houses a court. This was the change effective Sept 1. It was a tradeoff for the change of criminal trespass statute, re right of CHL holders to carry in other places where a 30.06 sign was posted. Tina, yes we posted temporary signs on our courthouse doors. I briefed county judge and he thought we should. They may not stay up "forever." | |||
|
Member |
Mike, what do your signs say? | |||
|
Administrator Member |
If you're just talking about the change to PC 46.03(a)(3) that adds "premises" to expand the prohibition on taking a weapon into a courthouse, you technically don't need any sign -- a violation would be prosecuted for a 3rd deg. felony under 46.03, not as a trespasser under 30.05 (general) or 30.06 (CHL), so there's no "notice" requirement at all. And 46.03(f) is clear that having a CHL is no defense. Now, if you're just wanting to be nice and warn people about the change, ... I guess you can put anything you want in your sign, but the wordier it is, the less likely folks will get the point. Maybe you could go with something simple like "Pursuant to Penal Code Sec. 46.03(a)(3), no weapons are permitted in this courthouse (effective Sept. 1, 2003)" (assuming your judge(s) haven't regulated or authorized anyone to do otherwise). Just a suggestion; and remember, this only applies to buildings containing gov't courts/court offices. | |||
|
Member |
WEAPONS PROHIBITED EFFECTIVE SEPTEMBER 1 ANY PERSON WHO POSSESSES OR GOES WITH A FIREARM, ILLEGAL KNIFE, CLUB, OR PROHIBITED WEAPON ON THE PREMISES OF A COURT OR OFFICES UTILIZED BY A COURT COMMITS A 3RD DEGREE FELONY | |||
|
Powered by Social Strata |
Please Wait. Your request is being processed... |
© TDCAA, 2001. All Rights Reserved.