City ordinance vs State Laws?

BoneDigger · Post by **BoneDigger** » Thu May 24, 2007 3:32 pm

I went to a meeting today in Tyler and on the door was a sign that posted no guns were allowed due to a city ordinance. This was NOT a 30.06 sign. Is it legal and binding?

Todd

seamusTX · Post by **seamusTX** » Thu May 24, 2007 4:19 pm

No, but that doesn't mean you can't get in some kind of trouble.

PC Â§46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

- Jim

txinvestigator · Post by **txinvestigator** » Thu May 24, 2007 5:08 pm

You can be arrested or charged under the City Ord., but it would be a class C misdemeanor only.

Liberty · Post by **Liberty** » Thu May 24, 2007 7:58 pm

txinvestigator wrote:You can be arrested or charged under the City Ord., but it would be a class C misdemeanor only.

Unless it is in a courthouse or official city meeting location aren't such ordinances illegal?

seamusTX · Post by **seamusTX** » Thu May 24, 2007 8:30 pm

Liberty wrote:Unless it is in a courthouse or official city meeting location aren't such ordinances illegal?

They're not illegal in the sense that the city council could be punished for passing them. They just cannot be used to prosecute a CHL holder in state district court.

LGC Â§229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:...
(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:...
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.

This allows municipalities to prohibit carrying long guns in parks, meetings, etc.

- Jim

Liberty · Post by **Liberty** » Thu May 24, 2007 10:08 pm

seamusTX wrote:
Liberty wrote:Unless it is in a courthouse or official city meeting location aren't such ordinances illegal?
They're not illegal in the sense that the city council could be punished for passing them. They just cannot be used to prosecute a CHL holder in state district court.

As I understand it most ordinances are tried in city municipal court. Can this automatically be waived? or does one have to appeal it.

seamusTX · Post by **seamusTX** » Fri May 25, 2007 7:56 am

I don't know. I have never had a run-in with the law in Texas.

- Jim

txinvestigator · Post by **txinvestigator** » Fri May 25, 2007 2:44 pm

Liberty wrote:
seamusTX wrote:
Liberty wrote:Unless it is in a courthouse or official city meeting location aren't such ordinances illegal?
They're not illegal in the sense that the city council could be punished for passing them. They just cannot be used to prosecute a CHL holder in state district court.
As I understand it most ordinances are tried in city municipal court. Can this automatically be waived? or does one have to appeal it.

I don't believe a municipal court is a court of record, so you can appeal it to County Court, but you get a new trial.

pbandjelly · Post by **pbandjelly** » Fri May 25, 2007 4:41 pm

seamusTX wrote:I don't know. I have never had a run-in with the law in Texas.

- Jim

well, la-dee-flippin'-da!!! aren't you special!

txinvestigator · Post by **txinvestigator** » Fri May 25, 2007 5:57 pm

seamusTX wrote:I don't know. I have never had a run-in with the law in Texas.

- Jim

In what state DID you have a run-in with the law.

seamusTX · Post by **seamusTX** » Fri May 25, 2007 5:59 pm

txinvestigator wrote:In what state DID you have a run-in with the law.

Illinois. I was young and stupid once, a long time ago.

- Jim

txinvestigator · Post by **txinvestigator** » Fri May 25, 2007 6:41 pm

seamusTX wrote:
txinvestigator wrote:In what state DID you have a run-in with the law.
Illinois. I was young and stupid once, a long time ago.

- Jim

Sorry, I was just kiddin.

seamusTX · Post by **seamusTX** » Fri May 25, 2007 6:55 pm

txinvestigator wrote:Sorry, I was just kiddin.

That's OK. I'm not ashamed of it. I was just acting rowdy. Charges dropped. It was a learning experience and made me more careful.

- Jim