Author Topic: Travis Coun­ty Dis­trict Court Should Require the City of Austin to Com­ply with Texas’ Open Car­ry  (Read 268 times)

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Online Elderberry

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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

AG Pax­ton: Travis Coun­ty Dis­trict Court Should Require the City of Austin to Com­ply with Texas’ Open Car­ry 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.”

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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Offline IsailedawayfromFR

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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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Online austingirl

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This type of thing is what led to me fleeing Austin for the Hills.
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Online Bigun

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Travis Coun­ty Dis­trict Court Should Require the City of Austin to Com­ply with Texas’ Open Car­ry Law

Of course it should and every other law of the State of Texas as well!

Offline RetBobbyMI

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Depending on which district court the case is in, I’m betting Paxton will need to appeal the ruling.
"Life is tough, but it's tougher when you're stupid."  -- John Wayne
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"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.� ? Laurence J. Peter, The Peter Principle
"A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.� ? Bertrand Russell, A History of Western Philosophy

Online Elderberry

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Via Email: Dear TSRA Members, Family and Friends:

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AG Pax­ton Com­mends Travis Coun­ty Dis­trict Court Deci­sion Requir­ing the City of Austin to Com­ply with Texas' Hand­gun 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.
 
He who makes an attempt to enslave me, thereby puts himself into a state of war with me.

Offline RetBobbyMI

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"Life is tough, but it's tougher when you're stupid."  -- John Wayne
"Talk sense to a fool and he calls you foolish.� ? Euripides, The Bacchae
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.� ? Laurence J. Peter, The Peter Principle
"A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.� ? Bertrand Russell, A History of Western Philosophy


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