The Briefing Room
State Chapters => Texas => Topic started by: Elderberry on January 11, 2019, 11:04:21 pm
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Ken Paxton January 10, 2019
https://www.texasattorneygeneral.gov/news/releases/ag-paxton-travis-county-district-court-should-require-city-austin-comply-texas-open-carry-law (https://www.texasattorneygeneral.gov/news/releases/ag-paxton-travis-county-district-court-should-require-city-austin-comply-texas-open-carry-law)
AG PaxÂton: Travis CounÂty DisÂtrict Court Should Require the City of Austin to ComÂply with Texas’ Open CarÂry Law
AUSTIN – During a trial this week, lawyers from Attorney General Ken Paxton’s office asked a Travis County district court to require the city of Austin to allow residents to lawfully carry firearms in City Hall, as the state’s open carry law requires it to do.
“The city of Austin cannot defy Texas’ licensed carry laws, or any state law enacted by the Texas Legislature, simply because it disagrees with the law or feels like ignoring it,†Attorney General Paxton said. “I will always vigilantly protect and preserve the Second Amendment rights of Texans, and I’m hopeful the Travis County district court will uphold Texas’ open carry law passed by the people’s representatives.â€
In July 2016, Attorney General Paxton filed a lawsuit against the city of Austin after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions. Under Texas law, the city of Austin can be fined $1,500 a day for more than 500 days during which the city has barred citizens with a handgun license from bringing handguns into City Hall since the lawsuit was filed. The attorney general’s legal team asked the Travis County district court to impose a total fine of over $750,000.
Prior to the lawsuit, Attorney General Paxton issued a letter that found the city of Austin’s ban violated Texas’ open carry law. While Texas law prohibits people from bringing firearms into courtrooms or court offices, the exemption does not apply to Austin City Hall. Even if a building has a courtroom, guns must be allowed in parts of the building that aren’t exclusive to courthouse functions.
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State law always trumps a city's laws.
The state can do a lot of nasty things to any city that dares to challenge the state.
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This type of thing is what led to me fleeing Austin for the Hills.
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Travis CounÂty DisÂtrict Court Should Require the City of Austin to ComÂply with Texas’ Open CarÂry Law
Of course it should and every other law of the State of Texas as well!
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Depending on which district court the case is in, I’m betting Paxton will need to appeal the ruling.
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Via Email: Dear TSRA Members, Family and Friends:
AG PaxÂton ComÂmends Travis CounÂty DisÂtrict Court DeciÂsion RequirÂing the City of Austin to ComÂply with Texas' HandÂgun Law
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Attorney General Ken Paxton issued the following statement on today's decision by the Travis County District Court that the City of Austin violated Texas law when it refused to allow duly-licensed residents to lawfully carry firearms in City Hall. The court also ordered the city to pay a fine to the state of Texas for each day it prevented investigators from the office of the Attorney General from lawfully carrying firearms.
"The district court's ruling preserves and protects the Second Amendment rights of Texans and sends a strong message to the city of Austin that they are bound by the same laws as all other Texans. The city of Austin cannot violate the open carry law or any other law the Texas Legislature has enacted simply because they disagree with it," Attorney General Paxton said. "If the city of Austin appeals the district court's decision, my office will continue to strongly defend the right of law-abiding Texans to keep and bear arms in accordance with our handgun laws."
In July 2016, Attorney General Paxton filed a lawsuit against the city of Austin after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions. Today, the Travis County District Court agreed with the attorney general's office that the city violated the open carry law and should be fined for each day it prevented the attorney general's investigators from lawfully carrying, resulting in a $9,000 fine.
During a trial in Travis County District Court earlier this month, a legal team for Attorney General Paxton's office successfully argued that Texas law prohibits the City of Austin from restricting lawful citizens from carrying concealed weapons at Austin City Hall.
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Great! Go Paxton