Administrator
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| quote: 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. |
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Administrator
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| 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. |
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Member
| 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.
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| | | Posts: 38 | Location: Nacogdoches, Texas, USA | Registered: March 21, 2001 | 
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| 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. |
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| RQ-0097-KP Go to: Another, new, AG opinion request relating to this series: https://www.texasattorneygener...016/pdf/RQ0097KP.pdfReceived: 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 |
| | | Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001 |
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This message has been edited. Last edited by: Jim Tirey, 
