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Re: I have a question about county owned buildings!

Posted: Tue Jan 14, 2014 7:51 pm
by MeMelYup
The way I understood it was if a building held nothing but court rooms and court offices then the entire building was off limits. If the building had a court room(s) and/or a court ooffice(s) and other offices (tax, licensing, etc.) only the specific court rooms/offices were off limits.

Re: I have a question about county owned buildings!

Posted: Tue Jan 14, 2014 8:21 pm
by nightmare
AdioSS wrote:I know it is a few years later, but I didn't see an answer to this. I just went in to pay my taxes. This is what is posted on the front doors.
[ Image ]
It sure doesn't look like a legit posting to me, but I'm not a lawyer ;)
It's not a 30.06 sign so they could have saved some money and achieved the same effect with some 99 cent stickers.

Image

Re: I have a question about county owned buildings!

Posted: Tue Jan 14, 2014 8:30 pm
by The_Busy_Mom
AdioSS wrote:I know it is a few years later, but I didn't see an answer to this. I just went in to pay my taxes. This is what is posted on the front doors.
[ Image ]
It sure doesn't look like a legit posting to me, but I'm not a lawyer ;)
If you look about halfway down that clear sign w/white letters under the gunbuster sign, it says '....unless specifically authorized under Penal Code Chapter 46'.

:txflag: TBM

Re: I have a question about county owned buildings!

Posted: Wed Jun 24, 2015 8:00 am
by billypat
PC ยง46.03. 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;

I know the discussion is two years old. I was curious as to the exact wording since NO One ever posted it. Now I know exactly! Premises- and we all know what that means. Under the roof!

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 7:52 am
by Rex B
Last i looked Tarrant County Records (!) Building had a very prominent & intimidating sign that was not 30.06.
While I knew the law, it gave the impression of "Even if you are legal, if you are not LE we are going to make life difficult if you carry in here". I generally disarmed when I had business there, but was mad at myself for doing so. :mad5
I do hope the new law addresses such gray areas.

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 10:28 am
by baldeagle
Penal Code 46.035(3) defines premises:
(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.
You can thank Charles for that wording.
46.03(3) states
(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;
Therefore, by law (Charles, correct me if I'm wrong), the premises of a court or offices of that court would be the physical location where that court and/or offices resides within the building, not the entire building.

SB 273, passed in the most recent session, signed by Governor Abbott on Jun 16th and effective 9/1/2015, amends the Government Code 411 to provide for civil penalties for any government agency that improperly posts a government building and provides that a citizen can file a complaint with the State Attorney General's office, which will investigate to see if a violation has occurred, after the citizen has provided written notice to the agency, if the agency does not cure the violation within 3 business days.

Government Code 411.209(d)
(d) A citizen of this state or a person licensed to carry a
concealed handgun under this subchapter may file a complaint with
the attorney general that a state agency or political subdivision
is in violation of Subsection (a) if the citizen or person provides
the agency or subdivision a written notice that describes the
violation and specific location of the sign found to be in violation
and the agency or subdivision does not cure the violation before the
end of the third business day after the date of receiving the
written notice. A complaint filed under this subsection must
include evidence of the violation and a copy of the written notice.
So the OP, who asked his question in 2011, may, after 9/1/2015, notify the Cotton Belt Building that they are in violation of the statutes, give them 3 days to rectify and state that he will formally complain to the Governor if they do not comply.

Disclaimer: I am not a lawyer. This is my interpretation of the statutes. Charles can correct me if I'm wrong. Before walking into such a building, I would first obtain a valid legal opinion (which you can ask your representative to obtain from the State Attorney General's office at no charge).

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 10:52 am
by Carolina Cajun
Sorry if this is a no brainer question. But can I as a CHL holder legally carry inside the Texas DPS drivers license building where they issue drivers licenses etc.?

-Thanks

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 11:45 am
by The Wall
After turning 65 this year I went to the County Tax Collectors office to file for 65 and over home owners exemption. It's at the County Appraisal Administration office building. I went in the outer doors which had no firearms signs of any kind. After entering there is a security guard and a walk through scanner. No signs of any kind pertaining to guns. My wife went through the scanner without any problems. She put her purse on the table next to the scanner before going through. Before I went through I told the security guard I had a CHL and was carrying. He looked at me as though he didn't understand what I was talking about. I repeated it again. He then said, okay go ahead through the scanner. I did and of course the alarm sounded. He then used his wand and located my gun in my pocket. I said, that's it! He asked to see my license to carry. I showed to him and he compared the photo to my face and said, we don't allow guns. I said, okay I'm sorry and I'll take it and lock it up in my car and be right back. He didn't say anything so I walked out and went back to my car and locked it up. Went back in and and he waved me around the scanner without further incident. The security guard barely spoke English and acted like he really didn't know what he was doing. He could have told me no guns allowed before having me go through the scanner. And even though they might not be required to post signs it sure would be nice if they did anyway. I also thought it was stupid of him to wave me around the scanner when I returned. Maybe he liked looking at my wife that was standing there next to him waiting for my return. :lol: I guess being a tax collector is a dangerous job. :roll:
As far as I know there aren't any courts in this building. I'm glad we were the only people coming in to the building at the time. The folks in the tax collectors office which was just steps from the door were exceptionally nice and helpful. I guess it could have been worse. Probably lucky it was just a security guard and not a Sheriff. I guess they wouldn't waste a Sheriff standing watch over the tax collectors office. When I first saw the scanner I should have just turned around and went back to my car to lock up the gun. Lesson learned for sure. If the word "County" is on the building, leave your gun in the car.

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 1:26 pm
by Vol Texan
The Wall wrote:(snip)
As far as I know there aren't any courts in this building. I'm glad we were the only people coming in to the building at the time. The folks in the tax collectors office which was just steps from the door were exceptionally nice and helpful. I guess it could have been worse. Probably lucky it was just a security guard and not a Sheriff. I guess they wouldn't waste a Sheriff standing watch over the tax collectors office. When I first saw the scanner I should have just turned around and went back to my car to lock up the gun. Lesson learned for sure. If the word "County" is on the building, leave your gun in the car.
With the passing of SB273, I expect this to come to a screeching halt soon. Once these people start having to pay fines, then those rules will be changed.

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 5:34 pm
by Mel
Vol Texan wrote:
The Wall wrote:(snip)
As far as I know there aren't any courts in this building. I'm glad we were the only people coming in to the building at the time. The folks in the tax collectors office which was just steps from the door were exceptionally nice and helpful. I guess it could have been worse. Probably lucky it was just a security guard and not a Sheriff. I guess they wouldn't waste a Sheriff standing watch over the tax collectors office. When I first saw the scanner I should have just turned around and went back to my car to lock up the gun. Lesson learned for sure. If the word "County" is on the building, leave your gun in the car.
With the passing of SB273, I expect this to come to a screeching halt soon. Once these people start having to pay fines, then those rules will be changed.
Oh just wait.They'll find some way around it!

Re: I have a question about county owned buildings!

Posted: Thu Jun 25, 2015 6:11 pm
by NotRPB
Carolina Cajun wrote:Sorry if this is a no brainer question. But can I as a CHL holder legally carry inside the Texas DPS drivers license building where they issue drivers licenses etc.?

-Thanks
In Burnet, Texas, the DPS Driver's license office is INSIDE the BURNET COUNTY COURTHOUSE ANNEX ,, about 20 feet past the metal detector and sheriff' deputy, so not in that one... In the ones in the Mall, Strip shopping centers etc, the answer is probably you can, if it isn't in a location OTHERWISE prohibited (like a Court Building)

I'm no lawyer, I'm not going to set off metal detectors and wrestle with a deputy in a courthouse annex getting to the DPS office either. Knives, guns etc all prohibited by their door sign & metal detector as if the whole ANNEX building is a Court (District Courts are in the building with lots of OTHER State and County offices.

In the old Pasadena DPS office in a mall/strip shopping center, it was fine (not in a Courthouse).

County Tax office for property taxes on the square removed their no weapons sign, automotive tax assessor collector for license plates is in the courthouse annex in Burnet, so no carrying there (but they have a drive thru window where you can carry without getting out of the car)