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Guns And Weapons

Summaries

KP-0047
Ken Paxton

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.|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.|Premises|Building|"portion of a building"|"offices utilized by the courts"|"government court"

KP-0049
Ken Paxton

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.|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.|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.|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-0051
Ken Paxton

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, under

KP-0050
Ken Paxton

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-0089
Ken Paxton

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 the

KP-0098
Ken Paxton

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 under

KP-0108
Ken Paxton

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 handguns|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 46.035

KP-0120
Ken Paxton

handguns from campus locations due to the presence of minors. A junior or community college may not categorically prohibit concealed|A junior or community college may not categorically prohibit concealed handguns from campus locations due to the presence of minors.|Under Government Code subsection 411.2031(d-1), the president or other chief executive officer of the junior or community college may establish rules, regulations, and other provisions regarding the carrying of concealed handguns by license holders that accommodate the unique nature of a particular campus provided that such rules, regulations, or provisions do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.

KP-0167
Ken Paxton

Although unnecessary within context of Government Code section 411.2031(d-1), a junior college district board of trustee rule authorizing concealed handguns in its open meetings would primarily serve as means of affirming or publicizing license holder's right to carry the concealed handgun into the open meeting held on the institution's campus.|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-0176
Ken Paxton

Applicability of handgun laws on church premises|Private Security Act fees do not apply to Texas churches providing volunteer security services pursuant to Occupations Code section 1702.333|Person|Premises|Volunteer security services

KP-0212
Ken Paxton

Applicability of Penal Code subsections 46.035(a-1), (a-2), and (a-3) to presiding election judge with handgun license|Applicability of Penal Code subsection 46.03(a)(2) to presiding election judge with handgun license|Applicability of Penal Code prohibitions on open and concealed carry of handguns on higher education institution campus to presiding election judge with handgun license|Applicability of Penal Code prohibitions on carrying handgun at polling place located on private property to presiding election judge with handgun license|Authority of presiding judge with handgun license to carry handgun at polling place on election day|Application of Education Code section 37.125 to presiding election judge with handgun license

GA-0463
Greg Abbott

Federal Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standards|Concealed firearms, Law Enforcement Officers Safety Act of 2004, state's training and qualifying firearm standards|Qualified retired law enforcement officer, the Federal Law Enforcement Officers Safety Act of 2004 permits such officer to carry concealed firearms if the officer has met the state's standards for training and qualification for active law enforcement officers

GA-0564
Greg Abbott

Concealed handgun, 18 U.S.C. § 926C, which authorizes a qualified retired law enforcement officer to carry, does not preempt Texas Occupations Code section 1701.357, which provides a means by which some retired peace officer may obtain the proficiency certification required under federal law|Concealed handgun, 18 U.S.C. § 926C authorizes a qualified retired law enforcement officer to carry if the officer has obtained the state proficiency certification provided by state law|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 law|Retired officers may carry a handgun under 18 U.S.C. § 926C if the officers have obtained weapons-proficiency certification under state law

GA-0862
Greg Abbott

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 limits|Firearm discharge ordinance, authority of a Type A general-law municipality to adopt and enforce ordinance prohibiting firearm discharge on property located within the municipality’s original corporate limits

GA-0972
Greg Abbott

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 30.06|Federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards does not equate to federal law that would preempt Labor Code section 52.061

GA-1008
Greg Abbott

Texas Medical Board investigators who are not commissioned peace officers may carry a licensed concealed handgun while on duty|Investigators for the Texas Medical Board who are not commissioned peace officers may carry a licensed concealed handgun while on duty

GA-1051
Greg Abbott

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 place|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 place

DM-0071
Dan Morales

Firearms, municipal housing authority may not regulate tenants' legal possession of|Municipal housing authority may not adopt regulation providing for a tenant's eviction for the otherwise legal possession of a firearm|Regulation providing for a tenant's eviction for the otherwise legal possession of a firearm, municipal housing authority may not adopt

DM-0293
Dan Morales

Alcoholic beverage licensee or permittee, authority to possess firearm on the premises for the purpose of self-defense|Licensee or permittee, authority to possess firearm on the premises for the purpose of self-defense

DM-0327
Dan Morales

Racetrack premises, authority of private security guards and off duty peace officers to carry firearms on|Private security guards and off-duty peace officers, authority to carry firearms on racetrack premises|Off-duty peace officers, authority to carry firearms on racetrack premises

DM-0363
Dan Morales

Premises|Concealed handguns carried by licensee on business premises, liability of business owner for removing licensee or injury to patron by licensee|Premises where licensed carrying of concealed handguns is, or may be, prohibited|Concealed handguns, violation of trespass laws by licensed possession of

DM-0364
Dan Morales

Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehicles|City or county park, licensed carrying of concealed handguns in|Concealed handguns, county may prohibit carrying of under license in county park|Concealed handguns, power of rapid transit authority to prohibit licensed carrying of on its vehicles|Concealed handguns, city may not prohibit carrying of under license in public park

JC-0325
John Cornyn

Concealed handgun licensee, governmental unit may bar entry onto its property of licensee by erecting sign in accordance with criminal trespass statute|Concealed handgun licensee, governmental unit may not prohibit carrying of weapon by licensee except in accordance with statute

JC-0396
John Cornyn

Pardon that is not given for proof of subsequent innocence does not obliterate offense but generally absolves doer of legal consequences|Firearms, felon who has been fully pardoned may possess; defendant accused of felony whose verdict has been set aside or who has been permitted to withdraw a guilty plea may possess handgun without violating criminal law|Verdict has been set aside or guilty plea has been withdrawn, defendant in such case may possess firearm without regard to section 46.04 of the Penal Code|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 plea|Term, when Legislature defines a term in one statute and uses same term in relation to same subject matter in a later statute, we may presume that Legislature used the term in the same way|Convicted

JM-1271
Jim Mattox

Adjutant General, public security officer employed by may carry handgun on work premises but not while traveling to and from work|Public security officer employed by Adjutant General may carry handgun on work premises but not while traveling to and from work