Page 1 of 2
City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 5:27 pm
by rtschl
Went to vote today at polling place, which is at the city library. There was a "No Firearms Allowed" sign with the relevant city ordinance as part of the sign. I did not take a picture because of the polling signs right next to it.
My question: Does this constitute a violation of 411.209? If so, I'll take pictures and notify the city and begin the process.
Thank you.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 5:57 pm
by Charles L. Cotton
No. Polling places are off-limits per
Tex. Penal Code ยง46.03(a)(2) and no sign is required. A city ordinance would violate the Texas preemption statute, but it's still a state law violation.
Chas.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 6:01 pm
by Pariah3j
Question is - did they post it because they are using the location as a Polling place, or was it there/will it still be there after polling is done ?
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 6:04 pm
by rtschl
Sorry, should have been more clear. The sign is a permanent sticker at the library, not there just because of being a polling location. I understand that no issue for posting a sign at a polling place. But since the polling sign was next to it I didn't take a picture today. I did not want to muddy the waters like I did here.
So if it is still there after today, does it specifically constitute a violation of 411.209?
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 8:03 pm
by mlawler
Simple question.....Does it comply with 30.06?
If not, it might as well be written in Swahili.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 9:27 pm
by 2farnorth
Timely subject. I plan on doing further inquiries about this one that was on our city hall/polling place/court/post office.
It wasn't there a couple of weeks ago and had never been there on election days in the past. They did just hire a new city manager. Maybe he's dragging out something to get attention.

Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 9:34 pm
by TexasJohnBoy
Unenforceable -- taking into account polling locations areas are always off limits as stated above.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 9:39 pm
by casp625
TexasJohnBoy wrote:Unenforceable -- taking into account polling locations areas are always off limits as stated above.
So are post offices and courts... Perhaps the building is indeed off limits.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 9:51 pm
by thatguyoverthere
As others have stated, this building may indeed be off limits if it contains a post office or courts. Is this building the only "city premises" in the town? If not, it might be interesting to see if other city premises are posted likewise.
It might also be interesting to see the actual wording of the ordinance.
Re: City Gun Ordinance Sign
Posted: Tue Nov 03, 2015 10:01 pm
by 2farnorth
Post office is one end of the building with it's own entrance. City hall is the middle of the building, Court/polling place is one room in city hall. Court convenes only a day or 2 per week. The rest of the time it is a small conference/meeting room. I'll check it out again tomorrow after work. Like I said before. The signs just got put up recently.
Re: City Gun Ordinance Sign
Posted: Wed Nov 04, 2015 12:22 am
by rotor
The sign says "per City ordinance 130.04" which would imply that this is strictly a city law that I would bet is not enforceable.
Re: City Gun Ordinance Sign
Posted: Wed Nov 04, 2015 1:16 am
by rtschl
I understand that the sign is unenforceable. My question is should I document it and notify the city that they are in violation of 411.209? Since it is not a 30.06 sign but a city ordinance, does it still violate 411.209? If it does, I will start the process.
Re: City Gun Ordinance Sign
Posted: Wed Nov 04, 2015 1:37 am
by G.A. Heath
rtschl wrote:I understand that the sign is unenforceable. My question is should I document it and notify the city that they are in violation of 411.209? Since it is not a 30.06 sign but a city ordinance, does it still violate 411.209? If it does, I will start the process.
It references concealed firearms (Handguns) so I would say it is a violation (Wrongful exclusion).
Re: City Gun Ordinance Sign
Posted: Wed Nov 04, 2015 5:34 am
by Richbirdhunter
We vote at the local city library, it's not posted. Can I carry into the library on non-voting days?
Re: City Gun Ordinance Sign
Posted: Wed Nov 04, 2015 6:53 am
by longhorn86
Richbirdhunter wrote:We vote at the local city library, it's not posted. Can I carry into the library on non-voting days?
Good to go if no voting going on