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I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:07 pm
by Sandman
Are all county/state owned building off limits for chl holders even without proper signage?

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:10 pm
by Teamless
State, City, County, Township, government buildings are ON-LIMITS (allowed) for CHLs, with the exceptions of
Polling Places (while polling is happening)
Courts
Jails
Prisons
and I am sure there may be 1 or 2 more that I have forgotten

Federal buildings are OFF LIMITS (including the Post Office)

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:20 pm
by Sandman
I live in smith county & was @ the cotton belt building which is where you pay your county taxes and register you vehicles. Maybe other stuff that I'm unaware of, but no court hearing or anything of that nature that I know of. I asked a county sheriff officer in the building if I was legal 2 carry (just 2 be nice) & she asked if I was carrying & said if I were carrying I would b arrested 4 unlawful carrying.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:30 pm
by MasterOfNone
Ever wonder why DPS puts CHL-16 in a nice pocket-size format?

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:43 pm
by Teamless
Sandman wrote:she asked if I was carrying & said if I were carrying I would b arrested 4 unlawful carrying.
If there was no court in the same building, or polling happening on that day, or if it was not also a jail or a joint federal/state or federal/any other entity, building, she was wrong and she needs to read the statutes a bit more. (at least, this is how I see the situation)

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 3:51 pm
by Sandman
That's what I was thinking. It makes me mad that (some) LEO's don't take the time to learn the laws!

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 4:06 pm
by Beiruty
File a complaint with your sheriff department.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 4:10 pm
by Sandman
Just made the phone call a few minutes ago. Had to leave a msg. Maybe someone will call me back.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 5:24 pm
by RPB
Sandman wrote:Just made the phone call a few minutes ago. Had to leave a msg. Maby someone will call me back.
1) I'd ask why it would be unlawful to carry there? (offices "utilized by" a court?")
Beiruty wrote:File a complaint with your sheriff department.
2) And I'd suggest they might want to explain to deputies/officers that a "good faith arrest" cannot be made for something that is not illegal and that he, his officers and the city will be prime targets for a Federal ยง1983 civil rights lawsuit if they arrest someone lawfully carrying.

If they say city/County Ordinance:
Refer to
Local Government Code 229.001 see below; restricts city's ability to pass laws regarding firearms in certain circumstances and locations, specifically CHLs.
Local Government Code 229.001
http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;
LGC 229.001
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.




County however is a subdivision of the State, not a municipality, and so assuming there's no court or political "meeting" in session which is posted, it's like the State Capitol ... they should know better.

Anyway, let us know what they say.
I ain't a lawyer, if I wuz, I'd be married, or rich, but not sure which.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 5:41 pm
by Sandman
I will when they call back.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 5:46 pm
by boba
The complete off-limits list for Texas is in sections 46.03 and 46.035 of the penal code.
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 5:57 pm
by Sandman
Thanks for the link. I was on it a few minutes ago after I down loaded it to my phone for further reference.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 6:09 pm
by Charles L. Cotton
Here's a list of off-limits locations here on TexasCHLforum. All of the locations are in one place with references to the Texas Penal Code. viewtopic.php?f=36&t=6994" onclick="window.open(this.href);return false;

Chas.

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 10:30 pm
by LarryH
The Cotton Belt building contains an appeals court (I believe it's on the third floor -- I didn't go looking for it).

My interpretation of the statute would mean that carry should be illegal only on the floor on which the court offices are, but if she said you'd be arrested, you probably would be, and have the dubious privilege of paying large amounts of money fighting the charges.

edit to add missing word -- should have proofread better

Re: I have a question about county owned buildings!

Posted: Fri Jan 14, 2011 10:44 pm
by Sandman
Thanks for that info. I dident know if they had court in the cotton belt building or not.