Tax Assessors Office

[pt145ss]

I’m going to the tax office in Buda today to register my motorcycle. The sub-station also has small claims court inside. The portion of the building I will be in, is the foyer area. Right there in the foyer, they have the glass window where I can pay for the registration.

Question, is carry OK? I’m just a little confused as to what is off limits when the court is involved. Is the building in it’s entirety off limits…or just the court portion?

[seamusTX]

The law is ambiguous on this topic. Some cities and counties take advantage of that and state that they consider the entire building off-limits.

No one has produced case law or even accounts of people being arrested for carrying in buildings that contain courtrooms.

IMHO, the intent of the law is that parties in legal cases be disarmed, since they have been known to go berserk. I don't think it should apply to someone going about his business in another part of the building. However, I am not a cop or prosecutor.

- Jim

[HighVelocity]

My local Tax Assessors office is posted 30.06

[seamusTX]

Russel, I would say that it is not a crime to enter public property that has a 30.06 sign, but in many jurisdictions the police have said that they will arrest CHL holders if they catch them. Friendswood ISD is one of those. So if you choose to exercise your rights there, make sure that concealed means concealed.

- Jim

[seamusTX]

Russel, that courageous. I hope you discuss it in advance with a lawyer.

Case law is made when a defendant wins or loses an appeal. If the DA won't prosecute or a judge dismisses the case, it has no legal weight.

- Jim

[ELB]

Mr. Cotton has noted in another thread that Open Records Act requests can be used to challenge apparently unauthorized posting of 30.06 signs by state/county/city governments. If I understand correctly, you ask the entity involved to provide all records justifying the placement of the sign, and bogus signs often have no justification at all.

Getting arrested, fighting in court, and hopefully winning is more adventurous and interesting, but certainly contains greater risks and costs than a bureaucratic assault. Suit yourself. I know which I would do.

BTW, I noted many moons ago that the Tax office in San Antonio, on Bandera road, had an unauthorized 30.06 and some kind of uniformed armed security (don't remember if he was a Bexar SO officer, or private or what). I carried discreetly and without incident. What is it with Tax Assessor offices?

[CWOOD]

The sub-station also has small claims court inside.

Question, is carry OK? I’m just a little confused as to what is off limits when the court is involved. Is the building in it’s entirety off limits…or just the court portion?

pt145ss, be VERY careful. According to the Texas Penal Code:

PC46.04 PLACES WEAPONS PROHIBITED A person commits an offense if that person possessses or goes with a firearm
(3) on the premises of any government court or offices used by a court.

(c) (1) Premises has the meaning assigned by Section 46.035.

Then Section 46.035 reads...

(f)(3) Premises means a building or portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.

The wording was intentionally changed to this version as a compromise in an earlier legislative session. The Penal Code once read, "IN A COURT OR OFFICES USED BY A COURT', rather that "premises of a court'. It was widely discussed at the time on this forum and the specific intent was to include buildings that contained courts (rather than just the court rooms themselves). At this time I don't recall the specific benefits our side got in order to make it worthwhile to accept this change, but it DID change...and it WAS worth while.

You, of course do what you think right. There seems to be not court precedents yet. If you think it is OK to carry and you are right, great. If you are wrong, it is a 3rd degree felony and you can lose you CHL and much more. I have the same circumstance here in Travis County, and I leave it in the truck. Good Luck

As for the 30.06 signs on public buildings WITHOUT courts, again this has not run through the courts yet, but I think a LEO and their agency could very well be liable to punative action for arresting someone where there was no violation. governmental agencies have NO authority to prosecute under 30.06 except during an official meeting of a governmental body.

[ELB]

Russell,

This link:

http://www.texasshooting.com/TexasCHL_F ... st#p155372

should take you to a post of mine that has some urls related to Texas Open Records Act. We had a similar discussion of this topic in a VERY LONG thread entitled "Cities Improperly Posting 30.06 Signs?" (I believe this is the thread where Mr. Cotton askes us to post examples of improperly posted signs, to gather data for legislative efforts.)

Good luck and post any results.

[stevie_d_64]

We had a similar discussion of this topic in a VERY LONG thread entitled "Cities Improperly Posting 30.06 Signs?" (I believe this is the thread where Mr. Cotton askes us to post examples of improperly posted signs, to gather data forfuture legislative efforts.)