No Guns At Office of County Tax Assessor

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Keith B
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Re: No Guns At Office of County Tax Assessor

#16

Post by Keith B »

dicion wrote:Agreed, if it's a government owned building, 30.06 means nothing. Only an active meeting, or court can prevent handguns.

How do you know there's an active meeting going on? They normally bring in metal detectors, at least for all the Metro board meetings I've seen they do.
Not necessarily. Our city council meetings don't have them (or at least they didn't last time I was there.) However, if you read the statute, is states 'AT any meeting' so my interpretation (IANAL) would be if you weren't attending/at the meeting, just going into the building would not be a violation.
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dicion
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Re: No Guns At Office of County Tax Assessor

#17

Post by dicion »

Good Call, and also supports what I've seen with the metal detectors. They are literally placed in front of the door to the boardroom. So if you aren't going into the meeting itself, you do not have to go through the detectors.

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Re: No Guns At Office of County Tax Assessor

#18

Post by FlynJay »

Keith B wrote:
dicion wrote:Agreed, if it's a government owned building, 30.06 means nothing. Only an active meeting, or court can prevent handguns.

How do you know there's an active meeting going on? They normally bring in metal detectors, at least for all the Metro board meetings I've seen they do.
Not necessarily. Our city council meetings don't have them (or at least they didn't last time I was there.) However, if you read the statute, is states 'AT any meeting' so my interpretation (IANAL) would be if you weren't attending/at the meeting, just going into the building would not be a violation.
Also the meeting must be posted with a 30.06 sign. This is the only time a government entity can give effective notice under 30.06.
IANAL, what I write should not be taken as Legal Advice.
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Re: No Guns At Office of County Tax Assessor

#19

Post by KFP »

Collin County Tax Assessor is improperly posted as well. I think open records requests may go a long way in having these taken down.

BTW - This is the only "properly" posted location that I've seen - if it wasn't on a government building. Well, aside from the Marriott at the Houston airport - that's a separate story.
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Re: No Guns At Office of County Tax Assessor

#20

Post by nitrogen »

I'm curious how correct this is, but when I asked, it was basically explained to me that by "meeting" they meant meeting where parliamentary procedures were followed.
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Re: No Guns At Office of County Tax Assessor

#21

Post by austin-tatious »

I found this thread so far to be confusing. A post points out 46.035(c)*, so you cannot carry. Another post points out it has to have a valid 30.06 sign**, so you can. Other posts talk about whether it's really a meeting of a government body or not, or since it is government property a 30.06 sign cannot be posted***. The only part of this I'm sure of now is that you can carry in this particular situation where you have an assessment appeal board hearing your appeal but there is no 30.06 anywhere, just gunbuster or similar signs (see * and ** below).

Now the code* does say "at any meeting of", not "on any premises where there is a meeting". I guess then, if the meeting room is properly posted, you can carry outside of the room or rooms where the meeting is held. However, because the assessor's office is government property, 30.06(e)*** applies, and you can carry even if there is a proper 30.06 posting on the room(s) where the appeal meeting is being held :???:. OR, the proper 30.06 posting at the entrance to the meeting room can apply to the meeting room but not to the rest of the premises, AND a 30.06 on the entrances to the building would not apply either to the building or to the meeting room.

Please will someone with greater understanding sort out the second paragraph I just wrote?

It's understood IANAL.

*PC$46.035(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.

**PC$46.035(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

***PC$30.06(e) It is an exception to the application of this section that the property
on which the license holder cames 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.

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Re: No Guns At Office of County Tax Assessor

#22

Post by One Shot »

Bexar Country Tax Assessor was posted improperly with the proper sign (30.06) last time I was there.
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Re: No Guns At Office of County Tax Assessor

#23

Post by Originalist »

One Shot wrote:Bexar Country Tax Assessor was posted improperly with the proper sign (30.06) last time I was there.

Yes they are, at least the one on Military by 35 was. Thats the only one I have been to.
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Keith B
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Re: No Guns At Office of County Tax Assessor

#24

Post by Keith B »

austin-tatious wrote:I found this thread so far to be confusing. A post points out 46.035(c)*, so you cannot carry. Another post points out it has to have a valid 30.06 sign**, so you can. Other posts talk about whether it's really a meeting of a government body or not, or since it is government property a 30.06 sign cannot be posted***. The only part of this I'm sure of now is that you can carry in this particular situation where you have an assessment appeal board hearing your appeal but there is no 30.06 anywhere, just gunbuster or similar signs (see * and ** below).

Now the code* does say "at any meeting of", not "on any premises where there is a meeting". I guess then, if the meeting room is properly posted, you can carry outside of the room or rooms where the meeting is held. However, because the assessor's office is government property, 30.06(e)*** applies, and you can carry even if there is a proper 30.06 posting on the room(s) where the appeal meeting is being held :???:. OR, the proper 30.06 posting at the entrance to the meeting room can apply to the meeting room but not to the rest of the premises, AND a 30.06 on the entrances to the building would not apply either to the building or to the meeting room.

Please will someone with greater understanding sort out the second paragraph I just wrote?

It's understood IANAL.

*PC$46.035(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.

**PC$46.035(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

***PC$30.06(e) It is an exception to the application of this section that the property
on which the license holder cames 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.
Here's the bottom line. If the meeting of the government entity is posted with a proper 30.06 sign, then you can't carry. Where that sign is located is a little gray, so if the building is posted and you are going to a meeting, then it might end up for the courts to decide if you are found carrying. I would hope they would post the meeting area itself vs. just the entire building and let it carry the weight for any meetings held in the building.
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Re: No Guns At Office of County Tax Assessor

#25

Post by austin-tatious »

Keith B wrote: Here's the bottom line. If the meeting of the government entity is posted with a proper 30.06 sign, then you can't carry. Where that sign is located is a little gray, so if the building is posted and you are going to a meeting, then it might end up for the courts to decide if you are found carrying. I would hope they would post the meeting area itself vs. just the entire building and let it carry the weight for any meetings held in the building.
No wonder I'm confused. I'm a black and white guy, not gray. Thanks Keith. :txflag:
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Re: No Guns At Office of County Tax Assessor

#26

Post by A-R »

I agree with Austin-tatious that this is all convoluted. I attended a meeting recently of a local city's planning and zoning board that was held at the city's local library. For sake of discussion, I'm going to say this definitely would fall under the definition of a meeting of a governmental entity as defined by the statute. But because there was no 30.06 posting on either the entrance to the library nor the entrance to the meeting room, I would have been OK to carry?

:confused5
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Re: No Guns At Office of County Tax Assessor

#27

Post by Keith B »

austinrealtor wrote:I agree with Austin-tatious that this is all convoluted. I attended a meeting recently of a local city's planning and zoning board that was held at the city's local library. For sake of discussion, I'm going to say this definitely would fall under the definition of a meeting of a governmental entity as defined by the statute. But because there was no 30.06 posting on either the entrance to the library nor the entrance to the meeting room, I would have been OK to carry?

:confused5
That's correct. As long as no 30.06 or oral notice, then you can legally carry with a CHL at the meeting.
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Re: No Guns At Office of County Tax Assessor

#28

Post by howdy »

(4) on the premises of a,hospital licensed under Chapter 241.
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H. Chapter 411, Government Code, regardless of
,whether the handgun is concealed, at any meeting of a governmental
entity

i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06

The governmental meeting is section C above. They must have the 30.06 sign posted.

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Re: No Guns At Office of County Tax Assessor

#29

Post by battalion74 »

I've mentioned this before regarding the Bexar County Tax Assessor's building on Buena Vista and 35 in San Antonio. The last time I went their, around February '09, I didn't think they were compliant. They had a writ posted on the doors that said the judge was making it illegal to enter the building with a CHL. On a previous thread someone said that as long as it was a writ by a judge, the writ was legal. Right after you walk in they have metal detectors.

I haven't carried their since I didn't know if I really could. After I was finished with my business, I asked the security guard who asked the floor manager to answer my questions. I asked her on what floor was the courtroom, her response was their wasn't one. She went on to tell me the reason its Gun Free is because the County Tax Assessor's office is on the top floor, and that since her office was their, it was illegal to enter the building. She followed with, those were the directions given by her office. Any further questions have to go through her office.

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Re: No Guns At Office of County Tax Assessor

#30

Post by One Shot »

Seems a bit arrogant, coming from a public servant.
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