Posted on 02/09/2016 4:46:07 AM PST by marktwain
In January of 2016, on the first day of the restoration of some open carry rights in Texas, I stood in front of the Benbrook Police Station, looking at the recently placed 30.06 and 30.07 signs.
I noticed that the signs were not of the required dimensions, so they are likely not enforceable in a court of law. But police, like fire in the quote attributed to President Washington, (employed in various forms since the 1500's) are "dangerous servants and a fearful master". I tread lightly around police, just as I do around high explosives or high powered machinery. All are extremely useful, and all desire proper care, caution, respect, and safeguards.
A couple of days later, sans Glock and holster, I entered the department to determine the origin of the signs, and the reasons for their obviously recent emplacement. I talked to an agreeable Sargent. The public relations officer had just retired. The Sargent very kindly gave me the police chief's email, suggesting that such policies were above his pay grade.
I contacted Chief James Mills, and asked him who made the decision to erect the signs, and what was the purpose and expected benefit?
Chief Mills was kind enough to reply. He said that the foyer of the police office is also the waiting area for the Municipal Court. Here is the paragraph about the decision to post the signs:
It was my decision to post the 30.06 and 30.07 signs. There was nothing controversial about the decision, as state law already prohibited the carrying of firearms onto this premises. The signs were simply a measure to ensure license holders are aware they are entering the premises of a government court. Of course, the desired benefit would be compliance with state law. I hope this helps with your article. Thank you for your kind words about Sgt. Gray. I will make sure to pass it along.
James Mills, Chief of Police
Benbrook Police Department
1080 Mercedes Benbrook, Texas 76126
Rather than simply the area bounded by the courthouse walls, Paxton’s view of what premises include means “that people with a license to carry should be able to go into [the] courthouse in non-essential areas,†Shannon Edmonds, who serves as director of governmental relations at the Texas District and County Attorneys Association, told the station. “I think most counties don’t read the law that way, but some of them are taking steps to comply with the opinion, even if they don’t agree with it, because they don’t want to get sued.â€
In September, the state legislature authorized the AG to sue government entities that ban firearms improperly in their buildings, and it appears from Paxton’s views on the definition of courthouse premises that they could potentially be subjects of enforcement, the article explains. The attorney general’s homepage has a prominent link for citizens to report government entities which may be unlawfully prohibiting concealed firearms.The Benbrook police department has not been listed among those who have had complaints filed against them with AG Paxton, at least not yet. But I will not be surprised if I find them on such a list, eventually.
Fines are authorized up to $10,000 a day.
Benbrook was not on the list, last I noticed.
Slightly OT, but whoever in the Texas legislature chose to call them “30.06” signs has a devilishly apropos sense of humor.
CC
Slightly OT, but whoever in the Texas legislature chose to call them “30.06” signs has a devilishly apropos sense of humor.
Ironic, indeed. The 30-aught-6 rule.
According to Texas Penal Code 46.03 (a)(3) , it is illegal to carry in any government court or office utilized by the court. If it is illegal to carry in the police station waiting room because the area is shared by the court, just simple post that. Don’t abuse the trespass section of the code.
30.07 (Open Carry):
Me too. Howdy neighbor. :)
I am not a member, but there is a forum "TexasCHLforum", who's members are very active in pursuing illegally posted signage.
30.06 signs and their equivalent in other states are worthless unless enforced with a metal detector or pat downs. There is a pending bill in Arizona that would prohibit the state from disarming permit holders in (state) government buildings unless everyone entering is subject to a weapons screening.
I’m a Texas municipal court judge. Like many small municipalities, We hold court in city council chambers. The prohibition on OC in court only applies while the area is actually being used as a court, so these signs are, IMHO, inappropriate at best.
Curiosity does the law apply to law enforcement personnel or are they exempt?
Are you a judge in more than one municipality?
Yes - associate judge in a second municipality.
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Since "one" is too lazy to look it up for itself:
(The letters are specified by law to be a minimum of 1" high -- so the Benbrook PD notices in the article's photo are legally worthless...)
Read the signs posted here (twice).
"...Since 'one' is too lazy to look it up for itself..."
how do you get a handgun license if you can't SPEAK ENGLISH???
I read the signs- I was curious about law enforcement - I do not see them listed- are they not licensed like normal serfs
Haven't checked on legislators -- but they usually take care of themselves, first of all...
IOW, TX legislative politics ain't any purtier than anywhere else humans accumulate...
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