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Re: "Old Red" Courthouse/Museum in Dallas Posted?
Posted: Thu Sep 03, 2009 5:53 pm
by austin-tatious
Dave01 wrote:08concours14 wrote:Best be careful. It was, no doubt, a courthouse for some time, and although court is not held there anymore, it is still considered by many to be a courthouse. I'm not sure you'd beat the rap here.
That certainly does raise and interesting question. I would think the legal definition of the property would change when the function of the property changes (courthouse to museum/event hall), but who knows.
Dave
PC 46.03, PLACES WEAPONS PROHIBITED. says in (a)(3) that firearms are not permitted "on the premises
of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;".
Clearly there are no "offices utilized by the court" in Old Red any more, but is the building still a "government court"? So, does any one have a Penal Code definition of "government court"? It's not in the 2007 Texas Concealed Handgun Laws pamphlet.
Re: "Old Red" Courthouse/Museum in Dallas Posted?
Posted: Thu Sep 03, 2009 8:48 pm
by srothstein
austin-tatious wrote:So, does any one have a Penal Code definition of "government court"? It's not in the 2007 Texas Concealed Handgun Laws pamphlet.
I just did a quick search through the Government Code, Code of Criminal Procedure, and Penal Code and cannot find a definition of the word court, despite the first two codes mentioned establishing them and giving them powers.
From that, I would go with the Code Construction rule that says use the common meaning. In Texas, there are two common meanings for court that i think would count. The first is the trial court, meaning the judge and the authority of the court - not just the judge and not the building itself. The second common meaning for us is our body of county commissioners. We call them a court and recognize the executive as the county judge.
So, if it is not used for meetings of the county commissioners, trials, or administrative duties immediately necessary to those functions (like the judges chambers or jury waiting rooms), I would guess that the rule did not apply. If there are no more trials in this courthouse, I would go for it. Of course, I may have missed something and I could be wrong and you could end up arrested over this if you listen to me.
Re: "Old Red" Courthouse/Museum in Dallas Posted?
Posted: Fri Sep 04, 2009 10:52 am
by gemini
I believe they are renting out space for wedding receptions etc. It is NOT being used
as a court in any sense of the word other than in the name of the building itself
"The Old Red Courthouse".
Re: "Old Red" Courthouse/Museum in Dallas Posted?
Posted: Fri Sep 04, 2009 11:44 am
by Dave01
gemini wrote:I believe they are renting out space for wedding receptions etc. It is NOT being used
as a court in any sense of the word other than in the name of the building itself
"The Old Red Courthouse".
Yes. This is the reason I'm going...wedding and reception. There will be alcohol served at the reception. Would they be able to do this if it were still legally considered a courthouse?
Dave
Re: "Old Red" Courthouse/Museum in Dallas Posted?
Posted: Fri Sep 04, 2009 2:59 pm
by gemini
IANAL and all that stuff, but I would carry there and not think twice about it.
Steer clear of the booze, otherwise have a great time. Concealed is concealed.