AG Opinion: extent to which firearms may be excluded from buildings that contain courts & offices

[casp625]

https://www.texasattorneygeneral.gov/op ... kp0047.pdf

SUMMARY
For purposes of section 411.209 of the Government Code, the phrase "premises of any government court" used in Penal Code subsection 46.03(a)(3) generally means either (1) a structure utilized by a court created by the Texas Constitution or the Legislature, or (2) a portion of such a structure. The premises of a "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court. The responsible authority that would notify license holders of their inability to carry on the respective premises must make the determination of which government courtrooms and offices are essential to the operation of the government court, in consultation with the government court.

[mojo84]

I don't think the title of the thread accurately reflects the AG's opinion. Makes it sound like the whole building is excluded when in fact it's only the part of the building where court rooms and office essential to the courts are located. If it's a single use building courthouse, then the title is accurate. The issue was multi-use and multipurpose buildings.

[casp625]

I don't think the title of the thread accurately reflects the AG's opinion. Makes it sound like the whole building is excluded when in fact it's only the part of the building where court rooms and office essential to the courts are located. If it's a single use building courthouse, then the title is accurate. The issue was multi-use and multipurpose buildings.

The title was shortened from the following request:
RQ-0040-KP
Received: Friday, July 24, 2015
Re: The extent to which firearms may be excluded from buildings that contain courts, offices utilized by the courts, and other county officials

Multi-use buildings were covered in a different request:
RQ-0051-KP
Received: Wednesday, September 9, 2015
Re: Questions regarding a notice prohibiting entry with a handgun onto certain premises under section 30.06 of the Penal Code and section

In RQ-0040-KP, they stated:

The District Courthouse building contains courtrooms, offices for district judges, offices for court personnel, the District Clerk, the County Treasurer, facilities for the grand jury, and a portion of the probation department. All of these departments could be said to be premises of a government court or offices utilized by the court. Do you interpret the Act discussed above to authorize the Sheriff to continue to exclude firearms from the Tom Green County District Courthouse, even if the possessor of the firearm has a concealed handgun license?

The Tom Green County Justice Center houses the Tom Green County Jail, courtrooms, offices for court staff, and the County Attorney and staff. Do you interpret the Act discussed above to authorize the Sheriff to continue to exclude firearms from the Tom Green County Justice Center building even if the possessor has a concealed handgun license?

Based on this information, it would seem that the buildings are single-use for the court and that, per the AG, the county would have to decide/justify if other offices were "essential" to the courts.

However, I went back and added: "extent to which" to help clarify that not ALL premises that contain courts are off-limits, specifically those that are situated in multi-use buildings.

[mojo84]

Ok