Search found 5 matches

by Skiprr
Tue Aug 30, 2016 11:57 pm
Forum: General Texas CHL Discussion
Topic: Austin City Limits Festival
Replies: 47
Views: 11080

Re: Austin City Limits Festival

rotor wrote:
Skiprr wrote:Wholly understand. That's why I think that, even though it would have no effect this year, the matter should be taken to the Attorney General.
And the fine if there is one would be paid by Austin and not the shows promoter. If things were filed now that could be a very hefty fine even if the show was only 6 days depending upon what the AG felt the start of the fine day was. Might be a years worth of fines.
Needs to be reported, regardless. This festival--named for the city of Austin; that contributes millions of dollars to the city in an apparent mutual arrangement; and that takes place only over two, three-day weekends each year--is evidently erecting fences around a municipally owned public park and wanding--and refusing--people to enter who have valid Texas LTCs.

I understand AustinNative04's position, but I cannot understand his justification/rationalization under the law.

Nothing, IMHO, about the Austin City Limits Festival prohibiting licensed handgun carry is legal from any facts I've seen.

I wasn't the one who brought up ATG opinion KP-108, but let me remind you how Ken Paxton summed it:
The plain language of subsections 30.06(e) and 30.07(e) make an exception if the property on which the license holder carries a gun "is owned or leased by a governmental entity." These statutes make no exception to that exception for property owned by a governmental entity but leased to a private entity, and to conclude that carrying a handgun on such property is prohibited would therefore require reading language into the statute beyond what the Legislature included.
I don't live in Austin. Ain't ever going to ACLF. No dog in this local hunt.

But that the "private entity" temporarily on government-owned property has control...well, that argument ain't ever gonna fly.
Texas Attorney General Ken Paxton wrote: A local government cannot be allowed to flout Texas's licensed carry laws, or any state law, simply because it disagrees with the law or doesn't feel like honoring it. I will vigilantly protect and preserve the Second Amendment rights of Texans.
Someone who does live in Austin should pick this up and get the Attorney General involved. Paxton has sued Waller County over something way more marginal than this. This one seems pretty outright blatant.
by Skiprr
Tue Aug 30, 2016 4:38 pm
Forum: General Texas CHL Discussion
Topic: Austin City Limits Festival
Replies: 47
Views: 11080

Re: Austin City Limits Festival

Wholly understand. That's why I think that, even though it would have no effect this year, the matter should be taken to the Attorney General.
by Skiprr
Tue Aug 30, 2016 3:37 pm
Forum: General Texas CHL Discussion
Topic: Austin City Limits Festival
Replies: 47
Views: 11080

Re: Austin City Limits Festival

AustinNative04 wrote:
TexasTornado wrote: Except for that pesky line that states you can't exclude an LTC Holder on criminal trespass simply for having a weapon.
I think I’m following your point—but correct me if I’m missing it. I recognize that this is park land, and generally speaking, a government entity couldn't exclude an LTC from a park solely for having a lawful firearm.

But, in this situation, Zilker Park is temporarily under the control of a private entity for purposes of the festival. Remember, access is controlled with fences and gates. I believe the LTC would be excluded for violating the terms and conditions of the license--terms set by the private entity, not the City.
Uh...no. PC §30.06/07 doesn't deal exclusively with signage; they define under what conditions a license holder commits an offense by carrying under GC 411. That includes descriptions of both written and oral notification. Item (e) under both sections is quite explicit:
PC §30.06/07(e) wrote: It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
Makes no legal difference whatsoever what C3 does: fence, wanding, x-ray machines, a town crier shouting "no guns" every 30 seconds. The property is owned by a governmental entity and the law cannot be placed in abeyance because a commercial entity has temporarily rented, leased, or come to some other arrangement with that governmental entity.

Unless Zilker Park is on the grounds of a school or educational institution, or within 1,000 feet of a location designated by the Texas Department of Criminal Justice as a place of execution, there are, IMHO, no legal grounds upon which valid LTC holders can be excluded. C3's legal option would be to move the festival to property that is not owned by a governmental entity.

The entity at fault here would be the City of Austin. I do not live in Austin and have no dog in this hunt. But if I did live in Austin and wanted to attend this festival, I would do exactly as has been recommended: first file an inquiry/complaint with the municipal government then, when no useful response is forthcoming, gather evidence at get it to the Attorney General post haste. Won't help this year, but may stop the nonsense in forthcoming years.

You brought up KP-108. That request (RQ-0097-KP) specifically dealt with agencies with offices located on land owned by a city, and those agencies "are the only entities located on the specific properties in question, that no governmental offices are located on the properties..." The request and resultant opinion dealt with two issues: GC §411.209 and civil penalties for improper restriction of licensed handgun carriers, and PC §30.06/07 about whether whether LTC holders can be excluded from entry.

As to the first part, one thing that AG Paxton writes is:
Section 411.209 does not address whether a private entity, including an independent nonprofit entity, may provide notice to license holders that the carrying of handguns is prohibited in its offices. If a private entity is operating jointly with a governmental entity or has been hired by the governmental entity to perform certain governmental functions, fact questions could arise about which entity effectively posted a notice prohibiting the carrying of guns. However, under the facts you describe, the private, nonprofit entity appears to have an arms-length agreement to lease city property and is not otherwise affiliated with the city.
I'd posit that an annual festival, that occurs only six days per year, held on the grounds of an active, public, municipal park and whose website states, "Thanks to our partnership with the Austin Parks Foundation, ACL Fest fans have contributed more than $20 million towards the improvement of Zilker Park as well as parks all across the city," is in no way operating offices on this public land, or operating at an "an arms-length agreement" with the city.

As to the matter of the ability to deny entrance to the government-owned property, AG Paxton closes the opinion with:
When construing statutes, courts recognize that the words the Legislature chooses are "the surest guide to legislative intent." When possible, courts will discern legislative intent from the plain meaning of the words chosen, and only when words are ambiguous will courts "resort to rules of construction or extrinsic aids." The plain language of subsections 30.06(e) and 30.07(e) make an exception if the property on which the license holder carries a gun "is owned or leased by a governmental entity." These statutes make no exception to that exception for property owned by a governmental entity but leased to a private entity, and to conclude that carrying a handgun on such property is prohibited would therefore require reading language into the statute beyond what the Legislature included.
by Skiprr
Tue Aug 30, 2016 2:11 pm
Forum: General Texas CHL Discussion
Topic: Austin City Limits Festival
Replies: 47
Views: 11080

Re: Austin City Limits Festival

AustinNative04 wrote:
Abraham wrote:AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?
I'm not agreeing or advocating that there should be a no-guns policy. But, I would agree that having such a policy does not violate current law.
It doesn't? PC §30.06/07(e) doesn't apply?
by Skiprr
Tue Aug 30, 2016 12:14 pm
Forum: General Texas CHL Discussion
Topic: Austin City Limits Festival
Replies: 47
Views: 11080

Re: Austin City Limits Festival

Maybe it's time for a new request for opinion from the Texas Attorney General?

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