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https://www.everythinglubbock.com/news/ ... 1525878514

On September 24, Lubbock County Commissioners approved a declaration that the courthouse is a premise of governmental courts.
The declaration was signed by the county judge, magistrates, justices of the peace, associate judges, county court at law judges, and district court judges.

Lubbock County’s response to the OAG also said, “Finally, the courts consulted with the Lubbock County Sheriff and recognized that ‘there is no feasible way to secure the elevators, stairwells, restrooms, hallways, lobbies, and vestibules of the governmental courts and/or offices utilized by the courts without securing the entire building, such security being necessary for the safety of jurors, litigants, court personnel, inmates, and concerned citizens wanting access to those government courts.’”

In other words, Lubbock County says the entire building is used by various courts and therefore guns can be restricted in the entire courthouse.

County Commissioner Bill McCay said, “Some folks believe it’s ambiguous and some folks think it’s very clear what can be done.”
McCay said commissioners don’t have the final say. But he did want to point out one specific exception in state law.
“This is the Lubbock County Courthouse. It’s not the Lubbock County governmental office building. But this is a building full of courts,” McCay said.

Hard to believe there's no security at a courthouse that hears cases where defendants face prison time. "Old school"!

on the premises of any government court or offices utilized by the court

and premise is defined as

a building or a portion of a building

So by the wording of 46.03 it specifically says premise of any government court, not hallways leading to the courtroom, restrooms, elevators, or building. I believe the judge has authority in his court and that court/authority is limited to the room he is presiding in or his chambers, not outside of its walls. This would fall under the "portion of a building".

I think a lot of these lawyers and government officials read the premise definition as inclusive, a portion of the building means the whole building when I suspect it means the whole building may be off-limits but not automatically. Only a portion of the the building may qualify as a restricted place and the rest of the building is open to carry.

Also the law doesn't say anything about the security, or lack thereof, of the courthouse being a factor is determining which areas can be prohibited.

I can't read the mind of the OAG but I think Lubbock is going to lose this one.

Pretty much this exact question is being litigated in Austin right now in Paxton v City of Austin D-1-GN-16-003340.

So far the judge has ruled that the law allows the government to ban licensed carry throughout the entire building if the building contain a court/offices of the court. BUT only when court is in session.

The judge noted that by substituting the definition of "premises" into the phrase "the premises of any government court or offices utilized by the court"

you get:

-- "a building of any government court or offices utilized by the court OR a portion of a building of any government court or offices utilized by the court."

Thus

-- firearms are prohibited in a building of any government court or offices utilized by the court,

OR

-- firearms are prohibited in a portion of a building of any government court or offices utilized by the court.

The "or" denotes that either one may be enforced, and the government entity may choose which one to enforce.

The entire lawsuit has not been completed however, there still remains at least one hearing on 03 Dec 2018. However, I believe that is likely only to determine if the City of Austin prevented licensed holders from carrying in the building when there was no court in session.

This is a huge "can of worms."
Something tells me the upcoming Texas Legislature may be re-writing some definitions---stay tuned.
What if the courthouse opens at 8 a.m. but court does not start until 9 a.m.? Will the folks who get in at 8 a.m. have to exit the courthouse at 9 a.m. and remove their firearms? Will deputies who let people in at 8 a.m. have to go search the restrooms to enforce compliance when courts start at 9 a.m.? And on and on....
My gut tells me the appellate courts will "protect their own" and rule on the side of lower courts located in "the courthouse" that prohibit firearms in all areas of that courthouse.

dlh wrote: ↑Wed Oct 17, 2018 1:49 pm This is a huge "can of worms."
Something tells me the upcoming Texas Legislature may be re-writing some definitions---stay tuned.
What if the courthouse opens at 8 a.m. but court does not start until 9 a.m.? Will the folks who get in at 8 a.m. have to exit the courthouse at 9 a.m. and remove their firearms? Will deputies who let people in at 8 a.m. have to go search the restrooms to enforce compliance when courts start at 9 a.m.? And on and on....
My gut tells me the appellate courts will "protect their own" and rule on the side of lower courts located in "the courthouse" that prohibit firearms in all areas of that courthouse.

Nothing is going to change with the definition of "Premises". It is in the government's best interest to interpret "Premises" as broadly as possible and freedom favors a narrower definition. Guess which one the legislators will fall on the side of.