Fayette County Clerk Office`

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anygunanywhere
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Fayette County Clerk Office`

Postby anygunanywhere » Thu Dec 07, 2017 4:38 pm

I had to go to the Fayette County Clerk's office today on business. The office is not part of the county courthouse. It is in a county owned building across the street on the square.

Walked in through the front door and stopped as I saw 30.06/07 signs in english and spanish posted on the front of the business counters over the floor. The clerk's office personnel all greeted my back as I exited the building and placed my Kimber in my idling truck with Mrs. anygunanywhere. I returned to the office visibly perturbed and stated my business. As one of the assistant clerks handled my request I asked why the county office was posted. They replied that they posted on approval of the Fayette Co Sheriff and besides they have a courtroom. I asked where the courtroom was and they said in the back. I informed them I was going to inquire with the AG about theoir posting government offices.

When I returned home I found on the county website that the County Court that uses the courtroom in that building only is in session from 1-3 days each month, depending on the month.

What is the latest ruling on licensed carry in government buildings where courts only use part of the building or when courts are not is session?

The clerk's office overall attitude was quite arrogant.

Can I file a complaint with the clerk and pursue this with the AG?
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ELB
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Re: Fayette County Clerk Office`

Postby ELB » Thu Dec 07, 2017 5:18 pm

anygunanywhere wrote:
What is the latest ruling on licensed carry in government buildings where courts only use part of the building or when courts are not is session?



The AG's opinion is that only the court room can be made off limits to licensed carry. Some counties have disputed that and the AG has filed two cases in Travis County against the City of Austin and Waller County over this issue. That was last summer.

According to one of the lawyers in the Office of the AG (OAG) I talked to, the case against the City of Austin had a hearing back in early October, or maybe late Sep, I'd have to research to see. At the time I talked him, the judge had not issued any determinations.


Yes you can make a complaint to the Clerk or other official responsible for that building, and if they do not remove the signs, forward it to the OAG. The OAG may make a determination and issue a letter to your county saying he believes the signs are improperly posted, but he will not move forward with filing suit for fines until the cases with Austin and Waller County are resolved.
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anygunanywhere
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Re: Fayette County Clerk Office`

Postby anygunanywhere » Thu Dec 07, 2017 6:09 pm

ELB wrote:
anygunanywhere wrote:
What is the latest ruling on licensed carry in government buildings where courts only use part of the building or when courts are not is session?



The AG's opinion is that only the court room can be made off limits to licensed carry. Some counties have disputed that and the AG has filed two cases in Travis County against the City of Austin and Waller County over this issue. That was last summer.

According to one of the lawyers in the Office of the AG (OAG) I talked to, the case against the City of Austin had a hearing back in early October, or maybe late Sep, I'd have to research to see. At the time I talked him, the judge had not issued any determinations.


Yes you can make a complaint to the Clerk or other official responsible for that building, and if they do not remove the signs, forward it to the OAG. The OAG may make a determination and issue a letter to your county saying he believes the signs are improperly posted, but he will not move forward with filing suit for fines until the cases with Austin and Waller County are resolved.


Thank you very much ELB for the information. I read about the Austin and Waller suits.
1911s should be carried openly as God and John Moses Browning (PBUH) intended them to be.
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infoman
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Re: Fayette County Clerk Office`

Postby infoman » Thu Dec 07, 2017 9:26 pm

I thought anyone could post a 30.06 and/or 30.07 sign? Are there places that aren’t allowed to post those signs?

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Flightmare
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Re: Fayette County Clerk Office`

Postby Flightmare » Thu Dec 07, 2017 9:34 pm

infoman wrote:I thought anyone could post a 30.06 and/or 30.07 sign? Are there places that aren’t allowed to post those signs?


Texas Government Code Sec. 411.209 WRONGFUL EXCLUSION OF HANDGUN LICENSE HOLDER.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm

(a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a license to carry a handgun, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
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mr1337
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Re: Fayette County Clerk Office`

Postby mr1337 » Fri Dec 08, 2017 5:43 pm

infoman wrote:I thought anyone could post a 30.06 and/or 30.07 sign? Are there places that aren’t allowed to post those signs?


Government entities cannot post the signs unless the place is an off-limits place such as courthouses or schools.

However, Federal property is always off-limits per Federal law and as such do not need those signs.
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diverman26
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Re: Fayette County Clerk Office`

Postby diverman26 » Wed Dec 27, 2017 4:45 pm

mr1337 wrote:
Government entities cannot post the signs unless the place is an off-limits place such as courthouses or schools.

However, Federal property is always off-limits per Federal law and as such do not need those signs.


Not to a nit-picker, but some do anyway.

Unfortunately, it's still up to the courts to decide. In Jefferson County (Beaumont, TX) there are absolutely no weapons allowed in the courthouse building. http://co.jefferson.tx.us/sheriff_old/CHSecurity.htm. Paying special attention to:

"4. Signs will be posted regarding the carrying of prohibited items such as guns and knives even if the individual possesses a concealed handgun permit."

The Jefferson County Courthouse is a beautiful piece of architecture and is a wonderful place to explore. It has a great deal of historical value.

While it does house several courts, the courthouse and its annex are the location of several county offices as well, such as:

County Clerk (Deeds, Marriage Licenses, etc)
Historical Commission
Veteran's Services
Tax Office (Property & Auto Taxes and Voter Registration)

I can't do any on-site business with ANY office in the courthouse unless I am completely disarmed. There is one entrance to the entire complex and it is heavily guarded.

Until it is sorted out through the courts (not AG Opinions) this will be the policy and it will be enforced.

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SRO1911
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Re: Fayette County Clerk Office`

Postby SRO1911 » Wed Dec 27, 2017 8:09 pm

Taylor county is the same way, first floor is clerk and records. Actual court rooms are on upper floors. I was there this a.m. to file an easement and was discussing this very subject with the deputy running the metal detector.
We agree it is a violation of both the spirit and letter of the law, just can't seem to get the judge to agree.
When any govt, or church,says This you can't read, are forbidden to know, the result is tyranny and oppression. Little force is needed to control a man who has been hoodwinked; no force can control a free man, not the rack, bombs, not anything, you can't conquer a free man, at most you can kill him.

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mojo84
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Re: Fayette County Clerk Office`

Postby mojo84 » Thu Dec 28, 2017 2:17 pm


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ScottDLS
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Re: Fayette County Clerk Office`

Postby ScottDLS » Sat Dec 30, 2017 11:13 pm

mr1337 wrote:
infoman wrote:I thought anyone could post a 30.06 and/or 30.07 sign? Are there places that aren’t allowed to post those signs?


Government entities cannot post the signs unless the place is an off-limits place such as courthouses or schools.

However, Federal property is always off-limits per Federal law and as such do not need those signs.


Actually there are signs required in order to be prosecuted under federal law and not all property is off limits, however most federal office buildings are.
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