1995-10-23 Regular Meeting - Laserfiche WebLink

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e e Letter From Attorney General On Handguns Dan Morales Attorney General Cl&ffice of tue ~ttornep ~enetal ~tate of ~exas DAN MORALES A TTOR:'\:EY GE:"oiERAl Octoberl,1995 Dear City Officials: The new concealed handgun law has raised a number of questions for local officials in terms of their ability to limit the carrying of concealed weapons. My office has recently issued two opinions interpreting the concealed handgun law, DM-363 and DM-364. These two opinions address questions raised regarding the interpretation of specific provisions in the law. There were several issues, however, that I felt warranted further consideration and discussion in order to provide local governments with additional guidance in the implementation of the new concealed handgun law. My office has recently issued a letter opinion, L.O. 95-058, that confirms the right of a local government such as a city council to prohibit the carrying of concealed handguns at public facilities. This opinion holds that a local government has the same power that is available under current law to a private business or to a private citizen to post a sign prohibiting the carrying of handguns on premises under its control. Individuals that violate such a restriction could be prosecuted for criminal trespass under Penal Code Section 30.05. A local government could apply such a restriction to premises owned by the governmental entity. However, in my review of the concealed handgun law, it became apparent that the new law specifically prevented municipalities from regwating the carrying of licensed concealed weapons in city parks. Cities have historically relied on Local Government Code Section 215.001 for their power to regulate the carrying of a firearm at a public park. The new concealed handgun legislation, however, specifically amended this law to take away this power from municipalities with regard to licensed concealed weapon carriers at public parks. A similar restriction was not placed on the authority of county governments over their parks. In my judgment, city and county governments alike, should have the power to regulate the licensed carrying of concealed handguns at local parks. I was deeply concerned by the abridgment of your power as local officials to provide reasonable regulations in this regard. I want to let you know that I pledge to work with local government leaders and with the Texas Municipal League to propose legislation that will give back and ensure that municipal governments have the power to enact reasonable firearm regulations at public parks. Do not hesitate to contact my office at (512) 475-4683 if you have any questions on this issue and please know that I remain at your service. Sincerely, ~~ MJ~ Dan Morales Attorney General P.O. BOX 12548 AUSTIN, TEXAS 78711-2548 AN EQUAl EMPLOYMHIOT OPPORTCNlT)' EMPLOYER NUNTl;D ON IUClCLELJ PA,PfR OCTOBER 9S * TEXAS TOWN &: CITY 9