TexasCHLforum.com

It's already more interesting than that. There are facebook screen caps on a blog that show that the Waller County Judge claims that the Killer of 5 Dallas PD officers made a threat to put a bullet in the head of the Waller County District Attorney to "solve" the courthouse gun issue, even though the court house gun issue came to light after the shooter was dead. I would post a link to that blog but there is language on it that would not pass muster here. Google is your friend, do a search for waller county blog and choose the one hosted by a google service. Then you can dig through the first page of stuff where you can find a screen cap with a picture of the killer. I will warn you that this blog is hosted by people who REALLY REALLY REALLY don't like the current county administration and they may need to be medicated.

While I may not be a lawyer I suspect that this gives Holcomb's attorney a major weapon against Waller County. If nothing else it should allow him to demand a stay pending the outcome of the AG's actions, and should even get a dismissal of some (probably all) claims made by Waller County now or after a decision is made in any suit the AG brings against Waller County.

Waller County might try to get a stay or injunction against the suit the AG's office will file by claiming one of their claims in this suit may having bearing on anything the AG's office might bring against them, but I would think a judge would decide that the the claim in the Holcomb case lacks standing in light of the AG's actions as the government code says that is where the issues of the signs being compliant or not is to be decided. Additionally any suit the AG brings should get priority as a decision there can lead to fines that are cumulative over time.

RogueUSMC wrote:

RoyGBiv wrote: Jurors?

I hated having to lock my gun in the car serving jury duty in FTW.

But preemption needs top be in place. In Smith county, the juror parking is off-limits for firearms...even states it on the summons.

Assuming this is Smith County Texas. Unless it's federal property then the notice is invalid and may be in violation of the fines for signs law.

This is about much more than firearms. This is about who is in charge and who can involve themeselves. What happens when a citizen protests a hike in property taxes, or the newspaper publishes an article on corruption, or someone chooses to write a facebook post about a schoolboard super intendant keeping his job after pleading guilty to a DWI while driving a school van? Sadly this legitimizes the efforts of certain groups to file these complaints in place of the local individual as it provides the local person an added level of protection from actions like this.

From Texas Government code 411.209:

(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.

The Oral notice is communication described by 30.06 therefore it is covered under 411.209 as a violation. A sign that refers to a concealed handgun license is also covered, but a sign that says something to the effect of "Per penal code sections 46.03 and/or 46.035 it is illegal to carry a firearm on this premises." is not covered because it does not refer to 30.06 or a CHL. A similar sign that says "Per penal code sections 46.03 and/or 46.035 it is illegal to carry a firearm, licensed or not, on this premises." Would most likely qualify as a violation. A sign says something more like "Per penal code sections 46.03 and/or 46.035 it is illegal to carry a firearm, even with a Concealed Handgun License, on this premises." would definitely be a violation.

My understanding is that Waller County posted signs citing 46.03 and 46.035 not 30.06 or signs referring to a chl. If that is the case those signs might pass legal muster for avoiding a fine.