Cedar Park Police Department No Guns?

[marksiwel]

The Cedar Park Police Department has a municipal court in the same building, I saw no signs saying "No Guns" and didnt go near the Court part so I assumed that I shouldnt carry just to be safe. Was I right or wrong?

[MoJo]

Courts are off limits. The way I understand it if the court room is separate from the rest of the building (no adjoining entrances) it's considered a separate building if there is a common entrance then the whole building is off limits. If your PD has a jail in the building that also makes the building off limits.

In this case I think it may be best to err on the side of caution.

[AggieMM]

INAL, but it is my understanding that the community room and Police lobby (left) are separate from the courts (right). There are separate entrances for civilians, and civilians can't go from the left side to the right side without going back outside. Therefore the left side is ok for CHL.



Ryan

Edited to Add: By Left side (Police), I was referring to the public, non-secured locations as being valid for CHL carry.

[chabouk]

Courts are off limits. The way I understand it if the court room is separate from the rest of the building (no adjoining entrances) it's considered a separate building if there is a common entrance then the whole building is off limits. If your PD has a jail in the building that also makes the building off limits.

This has been hammered out here ad nauseum. No one wants to be the test case, but the law as written is pretty clear that it's only the offices used by a court, not the entire building just because it happens to have a court inside.

PC 46.03, "PLACES WEAPONS PROHIBITED":

Sec. 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
( . . . )
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
( . . . )
(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

PC 46.035, "UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER":

(f) In this section:
( . . . )
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

As for the police station and any jail they might have, that's covered by Government Code 411.207, "AUTHORITY OF PEACE OFFICER TO DISARM":

GC411.207(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.

(d) In this section:

(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:

(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or

(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.

(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

[ezenbrowntown]

Given the peace officer's right to disarm, would that apply in our courthouse situation. A metal detector has been installed just inside the entrance of the court house. It is the only entrance and has 1 or 2 police officers manning it. There is a sign posting forbidding all weapons. I wonder if it is because it is allowable because it is a courthouse, only has one entrance, or because police officers are doing the unarming? Maybe all three?