County Judge is wanting to allow cancelled hand guns in courthouse. Section 46.03(a)(3), Penal Code seems to allow it if the court adopts "written regulation or written authorization"

Anybody have such regulation or authorization?

quote:

Originally posted by Rob Baiamonte:
County Judge is wanting to allow cancelled hand guns in courthouse.

You mean concealed handguns?

My county is wanting to allow employees who have a concealed handgun license to be permitted to carry handguns in specific areas of the courthouse also. Does anyone out there have a resolution that they have used for this to present to the Commissioners?

Does it require comm ct. action or merely the county or district judge (or possibly a JP if housed in a seperate building from the courthouse) giving written authorization to prosector to carry a weapon?
I am asking specifically about prosecutors, not the public at large.

Section 46.03(a)(3) of the Penal Code reads:

"on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court"

This prohibition is for licensed concealed handgun holders in general. The court can give written authorization, but carry is prohibited without it to the general public.

However, Section 46.15(a) states: "Sections 46.02 and 46.03 do not apply to:" . . .

"(6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;

(7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;"

I read this to mean that since 46.02 and 46.03 do not apply to prosecutors, we aren't necessarily subject to the discretion of the court.

My reading of the CHL statutes is the same as JM's. That's the whole reason that my CHL has stamped across the face of it in red lettering "Judge / Prosecutor." As a practical matter, the judge and bailiffs should know if you intend to carry, but I do not believe that under 46.15(a) they could prohibit a district attorney from doing so.

To me it is a matter of courtesy to let the judge and bailiff(s) know what firearms are (legally) in the courtroom....

I had forgotten about 46.15.....So i agree after refreshing my memory. Assume a county commissioner(as an example) who has a CHL wants to carry in the courthouse.....As I read 46.03(a)(3) it seems plausible the Judge of the court could allow that practice without the consent or resolution of the Commissioners Court. Or do you read "court" to mean the commissioners court? These questions assume that we will still be able to purchase ammo in the near future......maybe just 7 bullets at a time.

I read it that the Commissioners Court has to allow the carrying by persons that do not have a statutory exemption (i.e. judges & prosecutors.)

Admittedly, I haven't done any real research on the issue. I believe, however, that the legislative purpose in enacting the general courthouse ban (subject to the exceptions discussed above) is to safeguard a place where court is held. To that end, the answer sort of suggests itself.

On the other hand, old cases point out that the commissioners court is a "court," too, and not just a legislative/administrative body. With that in mind, perhaps the safest approach would be an agreed one: both the judges of the courts in the building and the commissioners court (perhaps through the county judge) should sign off on any such permission. Or maybe not. Such agreement might not be possible.

I think you could find support in the Local Government Code, as well as AG opinions and old cases, that the commissioners court controls the use of county facilities (including the courthouse), and the sheriff has charge of the security in the courthouse. Under that reasoning, the court and sheriff would have the authority to grant the permission at issue. But if you want to do something in a courthouse, and particularly in a courtroom, you probably should have the consent of the judge who sits in the courtroom, as a practical matter.

This message has been edited. Last edited by: Scott Brumley,

quote:

Originally posted by Ahammonds:
My county is wanting to allow employees who have a concealed handgun license to be permitted to carry handguns in specific areas of the courthouse also. Does anyone out there have a resolution that they have used for this to present to the Commissioners?

How will the decision-maker respond when asked why this privilege is only extended to county employees, and not all license holders? Not a legal issue, but one I can certainly imagine coming up.