Branch from the dog shooting thread

[KD5NRH]

Chas, didn't you outline some procedure for getting the ball rolling on dealing with these ordinances?

One of the comments from the story:

Concerned wrote on Aug 14, 2008 11:10 AM:
" I see that the City Ordinance about concealed handguns keeps coming up and people seem to believe instead of checking out the facts.

Let me make it easy for you..here it is:

§ 130.28 CONCEALED HANDGUNS AT PUBLIC FACILITIES PROHIBITED.

(A) It is hereby declared unlawful for any person, whether licensed to carry a concealed handgun or not, to carry a concealed handgun into any building owned, leased or under the control of the city or any related entity of the city, or any public facility owned, leased or under the control of the city or any related entity of the city. The term “public facility” includes, but is not limited to, buildings, swimming pools, restroom facilities, transit vehicles, park pavilions, ballparks, grandstand areas, concession areas, libraries, recreation centers and senior citizen centers. This section does not apply to peace officers as defined in Tex. Criminal Procedures Code, Art. 2.12, parking lots, streets, sidewalks and public easements.

(B) The City Administrator is hereby authorized to have signs posted at buildings and public facilities owned, leased or under the control of the city prohibiting the carrying of concealed handguns into the building or at the public facility.

(C) Any person who carries a concealed handgun into any building or at any public facility owned, leased or under the control of the city after receiving notice that the same is prohibited commits a criminal trespass under Tex. Penal Code § 30.05 and is subject to prosecution of such offense in accordance with said section.

(`75 Code, § 11-66) (Ord. 1996-6, passed 3-5-96) Penalty, see § 10.99
§ 130.29 EXCEPTIONS.

Exceptions to this subchapter are as follows:

(A) Any person discharging a firearm in defense of person; (As defined in the Texas Penal Code.)

(B) Police officers or animal control officers in the discharge of their duties;

(C) The discharge of firearms at locations and times approved in advance by the Chief of Police; and

(D) Persons shooting air guns on private property who have completed a gun safety course as approved by the Chief of Police.

(`75 Code, § 16-64) (Ord. 1993-22, passed 8-3-93; Ord. 1997-1, passed 1-7-97) "

Confirmed existence; see http://www.amlegal.com/nxt/gateway.dll? ... #JD_130.28

[Charles L. Cotton]

The ordinance was passed in 1996, but it still violates the preemption statute. It's unenforceable, but one way to address it is to send an Open Records Request to the city asking for certain documents. I'm not going to say what in the public part of the forum; PM me if you would like to send an ORR.

Chas.