Austin convention center and city code 9-6-2???

[atxtj]

I was looking around to see if the Austin convention center was posted and found this;

Section 11: Firearms/Weapons
A. City Code - Per section § 9-6-2 of the City Code FIREARMS ARE PROHIBITED ON CITY PREMISES
Except as provided in Sections 9-6-4 (Exception for Peace or Security Officers, or Retired Officers), 9-6-5 (Exception for
Gun Shows/Display), and 9-6-6 (Exception for Shipping at Airport), a person may not enter or remain on City premises if
the person is carrying a concealed or unconcealed firearm.
(Exception 9-6-2 requires prior City Manager Approval – No Exceptions)
Source: 1992 Code Section 10-9-2(A); Ord. 031023-13; Ord. 031211-11; Ord. 05030317.

in their planning guide. Am I to assume that we are not allowed to carry there? I'm a bit confused frankly, can anyone shed some light on this? They used to say that CHL could not be excluded, and found a thread here that states as such, but it looks like they have updated there planning guide since then.

[AEA]

Not legal for them to do this. You will take the ride but you will win the charge. You will be out a lot of money.

Obviously they have no knowledge or desire to observe State Law (that they cannot legally circumvent by City Ordinance).

Where is the Texas Attorney General when you need him?????

I'm gettin' pretty tired of this sort of activity by Cities.
(Plano School District....ARE YOU LISTENING?).

[Keith B]

Not a valid ordinance. Texas has state preemption on firearms laws and a city (government entity) cannot prohibit concealed carry on their property unless it is a location already prohibited by state statute 46.03/46.035.

[RPB]

You will be out a lot of money.

Until you collect tons more ...
--- consider it an investment
since a good faith arrest can't be made for something which is not illegal ...

How much is City of Austin generally settling cases for these days?

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viewtopic.php?f=7&t=54500&p=665697&hili ... r+#p665697" onclick="window.open(this.href);return false;

I'd be proactive, send the form letter (modified to cite the offending ordinance), and have them rescind the ineffectual ordinances before the city has to pay you tons of moolah

[Katygunnut]

You will be out a lot of money.

Until you collect tons more ...
--- consider it an investment
since a good faith arrest can't be made for something which is not illegal ...

How much is City of Austin generally settling cases for these days?

viewtopic.php?f=7&t=39722&p=664184&hili ... r+#p664184" onclick="window.open(this.href);return false;
viewtopic.php?f=7&t=54500&p=665697&hili ... r+#p665697" onclick="window.open(this.href);return false;

I'd be proactive, send the form letter (modified to cite the offending ordinance), and have them rescind the ineffectual ordinances before the city has to pay you tons of moolah

Or you could take a hybrid route. Send a certified letter to the chief of police, Mayor, and anyone else you can think of that includes the relevant state statutes. Keep a copy along with the proof of delivery. Then when you are arrested, they can't really claim ignorance of the law (not that they should have this defense regardless). Seems like a good investment as you've said.

As a side note, it's probably best to not expend much money in your defense. Not getting out on bail would probably add to your damage award (more time actually spent in jail, etc). Since this is a clear violation of state law, I don't think you would need a particularly good lawyer to get the charges eventually thrown out, and you can probably find a lawyer to take the civil case on a contingency basis.

This would all work best if you had alot of time on your hands (unemployed, etc).

[atxtj]

Well, I'm planning on attending the formula one expo this weekend, and we all know how slow the govt is to respond to letter. In the mean time, has anyone been to the convention center lately? Carry friendly?

[smoothoperator]

Not legal for them to do this. You will take the ride but you will win the charge. You will be out a lot of money.

Obviously they have no knowledge or desire to observe State Law (that they cannot legally circumvent by City Ordinance).

Where is the Texas Attorney General when you need him?????

The Texas Attorney General probably knows it is legal for them to have this ordinance. It doesn't apply to a concealed handgun carried by someone with a CHL but applies to long guns for most people and also applies to travelers and some others carrying handguns.

[AEA]

Not legal for them to do this. You will take the ride but you will win the charge. You will be out a lot of money.

Obviously they have no knowledge or desire to observe State Law (that they cannot legally circumvent by City Ordinance).

Where is the Texas Attorney General when you need him?????

The Texas Attorney General probably knows it is legal for them to have this ordinance. It doesn't apply to a concealed handgun carried by someone with a CHL but applies to long guns for most people and also applies to travelers and some others carrying handguns.

If it is not intended (or does not apply) to CHL's then it should say so to eliminate confusion and display in writing that they know what the law actually is.

The way it is written does not confirm that they understand their requirement to follow State Law. Leaving open for some rookie to arrest and transport and some Dem Prosecutor to try and make a name for himself ("for the children").

[EHS]

I was just at the Austin convention center in May and there was nothing posted.

[atxtj]

Thank you sir!

[Jumping Frog]

Note that the date on this ordinance is 1992. I am sure if you looked at the local ordinances of cities and towns all over Texas you'll find old, outdated laws that have been superseded by preemption. In a perfect world Austin and other cities would take the time to repeal these ordinances. The real question, however, is if the local DA is thick-headed enough to attempt to continue to enforce them.

[atxtj]

Yeah, the crazy part is that this was listed in their event planning in 2010 (taken from a quote here actually).

---------------------------------------------------------------------------------------------------------------------
Concealed Handguns
• Permitted concealed gun holders may not be excluded from the facility.
• The Department is not allowed to provide signs banning guns. It is the responsibili-
ty of the Facility Contractor or show management to post a sign at the entrance to
their event.
• A Facility Contractor may not post signs at the outside entrances to the facility or at
entrances of other events prohibiting the lawful carry or possession of firearms.
---------------------------------------------------------------------------------------------------------------------

Then is later updated to an outdated code that is unenforcable by state law. How did they go from being seemingly pro-chl, to that drivel?

[RPB]

Yeah, the crazy part is that this was listed in their event planning in 2010 (taken from a quote here actually).

---------------------------------------------------------------------------------------------------------------------
Concealed Handguns
• Permitted concealed gun holders may not be excluded from the facility.
• The Department is not allowed to provide signs banning guns. It is the responsibili-
ty of the Facility Contractor or show management to post a sign at the entrance to
their event.
• A Facility Contractor may not post signs at the outside entrances to the facility or at
entrances of other events prohibiting the lawful carry or possession of firearms.
---------------------------------------------------------------------------------------------------------------------

Then is later updated to an outdated code that is unenforcable by state law. How did they go from being seemingly pro-chl, to that drivel?

There's a group in Austin who are as afraid of plastic bags as New Yorkers are of large milkshakes .... some people frighten easily.

[speedsix]

...elitists who want to control the masses always fear those masses...could it possibly apply here?