Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A concealed handgun license holder who refuses, after notice by the governmental entity, to exit premises from which Penal Code sections 46.03 or 46.035 prohibit handguns, commits an offense punishable as a misdemeanor.KP-049
A court would likely conclude that a governmental entity improperly prohibiting handguns by oral or by a written notice that does not conform to Penal Code section 30.06 violates Government Code section 411.209.KP-049
A licensee who refuses to relinquish any concealed handgun or refuses to exit the building after being given notice by a governmental entity does not commit an offense if the building is not one from which Penal Code sections 46.03 and 46.035 prohibit concealed handguns.KP-049
Adjutant General, public security officer employed by may carry handgun on work premises but not while traveling to and from workJM-1271
Alcoholic beverage licensee or permittee, authority to possess firearm on the premises for the purpose of self-defenseDM-0293
Amusement park, whether authorized to prohibit peace officer from carrying a concealed handgun on park premisesLO97-007
Applicability of handgun laws on church premisesKP-176
Bailiffs, authority of sheriff's or judge's bailiff to carry firearms in court and elsewhereLO94-038
City or county park, licensed carrying of concealed handguns inDM-0364
Concealed handgun - School district authority to appoint an employee or trustee to carry a concealed handgun at any meeting or on the premises of school property where a sporting event or interscholastic event is taking placeGA-1051
Concealed handgun licensee, governmental unit may bar entry onto its property of licensee by erecting sign in accordance with criminal trespass statuteJC-0325
Concealed handgun licensee, governmental unit may not prohibit carrying of weapon by licensee except in accordance with statuteJC-0325
Concealed handgun, retired military officer is not exempted from statutory requirements imposed upon other licensees seeking to carry concealed handgun under the provisions of chapter 411, subchapter H of the Government CodeLO98-123
Concealed handguns, whether governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statuteLO95-058
Employer subject to Labor Code section 52.061 may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice authorized by Penal Code section 30.06GA-0972
Federal Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standardsGA-0463
Fee charged for request of criminal history record on applicant for handgun ownership, commissioners court may setLO94-084
Felon who has been fully pardoned may possess firearm, as may defendant who has been convicted of felony but whose verdict has been set aside or who has been permitted to withdraw guilty pleaJC-0396
Fishing from private pier on property open to public and licensed to sell alcoholic beverages, carrying handgun prohibited while doing soLO94-009
Government Code section 411.2031, a public institution of higher education likely exceeds its authority if it prohibits the carrying of concealed handguns in a substantial number of classrooms or delegates to individual professors the decision as to whether possession of a concealed handgun is allowed in the individual professor's classroom, or if it prohibits handguns in campus residential facilities, underKP-051
handguns from campus locations due to the presence of minors. A junior or community college may not categorically prohibit concealedKP-120
Jailer employed by private contractor operating detention facility for county is "guard employed by penal institution" who may carry weapon in performance of dutyLO97-053
License holder under handgun license law prohibited from carrying concealed handgun on premises of school or educational institution during high school or collegiate sporting eventLO96-009
License holder who carries a concealed handgun into an open meeting of a junior college district board of trustees in which no Penal Code section 30.06 trespass notice was posted would have a defense to the prosecution of Penal Code subsection 46.035(c)KP-167
Municipal housing authority may not adopt regulation providing for a tenant's eviction for the otherwise legal possession of a firearmDM-0071
Municipal ordinance prohibiting discharge of firearm by child not preempted by state lawLO94-056
Municipal ordinance, authority of a Type A general-law municipality to adopt and enforce an ordinance prohibiting firearm discharge on property located within the municipality’s original corporate limitsGA-0862
Open carry of handguns on river authority parklands. A river authority is not authorized by chapter 25 of the Parks and Wildlife Code to adopt regulations that prohibit theKP-089
Peace officer, whether amusement park may prohibit from carrying concealed handgun on park premisesLO97-007
Penal Code subsection 46.03(a)(1) prohibits handguns from places on which a school-sponsored activity is occurring, which places can include grounds excluded from the definition of "premises" such as a public or private driveways, streets, sidewalks, or walkways, parking lots, parking garages, or other parking areas.KP-050
Premises of "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court.KP-047
Premises where licensed carrying of concealed handguns is, or may be, prohibitedDM-0363
Public transit authority, authority to exclude licensed handguns on busesLO96-059
Pursuant to Opinion KP-0047, it is only the courtrooms and those offices determined to be essential to their operations from which Hays County may prohibit concealed handguns without risk of incurring a civil penalty under Government Code section 411.209.KP-049
Racetrack premises, authority of private security guards and off duty peace officers to carry firearms onDM-0327
Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehiclesDM-0364
Retired law enforcement officers who qualify under 18 U.S.C. § 926C may carry a concealed handgun if the officers have been certified as proficient under state lawGA-0564
Section 411.209, Government Code, is only applicable to a state agency or political subdivision and does not address whether a private entity leasing property from a governmental entity may post signs prohibiting the carrying of handgunsKP-108
Sections 46.03 and 46.035, Penal Code - A court would likely conclude that a license holder who carries a handgun on property that is owned by a governmental entity but leased to a private entity and that is not a premises or other place from which the license holder is prohibited from carrying is excepted from the offenses under sections 46.03 and 46.035KP-108
Subsection 46.035(c), Penal Code, a governmental body may exclude the carrying of handguns from the specific room or rooms where an open meeting of a governmental entity is held underKP-098
Texas Medical Board investigators who are not commissioned peace officers may carry a licensed concealed handgun while on dutyGA-1008
The responsible authority that would notify license holders of their inability to carry on the respective premises must make the determination of what government courtrooms and offices are essential to the operation of the government court, in consultation with the government court.KP-047