Texas-Book-Gun Law Armed And Educated - Flipbook - Page 289
were unlawfully excluding LTC holders carrying handguns from
government property, most of these entities bristled upon being
called to account for their behavior. The county government of
Waller County, Texas, took their defiance to a whole new level
by suing the individual who sent them a Section 411.209 notice
letter for its practice of excluding license holders from its multifunction courthouse. Fortunately, the Texas Court of Appeals
found that the right to complain to the government is a protected
First Amendment activity, and that Waller County’s lawsuit
violated the Texas Citizen’s Participation Act. Holcomb v. Waller
County, 546 S.W.3d 833 (Tex. App. [1st Dist.] 2018, pet. ref’d.).
Most governments have responded to Section 411.209 by taking
down their 30.06 signs without any penalties being assessed.
However, several governmental entities have steadfastly
maintained that they are legally allowed to continue excluding
and threatening LTC holders who are carrying handguns with
criminal prosecution. The recalcitrance of these governmental
entities has resulted in some ridiculous assertions, such as countyowned libraries and zoos claiming to be educational institutions,
and city halls claiming to be courts. In short, non-prohibited
places are trying to recategorize themselves as prohibited places
and argue that they belong within the prohibited places listed in
Texas Penal Code Section 46.03. Along these lines, counties have
been the most adamant about claiming that their courthouses are
entirely prohibited. However, this flies in the face of the actual
text of Texas Penal Code Section 46.03(a)(3) which states that
only “courts and offices utilized by the court” are prohibited,
as well as Texas Attorney General Opinions KP-47 and KP-49.
These opinions state that if a court and its offices occupy only a
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