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AG Opinion Are Coming Out Today

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
No index or anything? So does one just have to open one after another?

Edited: looks like KP-047 is the start of the ones with a 12/21/2015 date.
 

sixer-sxt

Newbie
Joined
Dec 22, 2015
Messages
7
Location
Houston
Started reading. Opinion 47 could really expand things for license holders. It really gets into the difference between a premises and a section of a premises.

Particularly this paragraph:

Texas AG Opinion KP-0047 - Concerning PC 46.03(a)(3) and Summary said:
If the Legislature intended for the entire structure with a government court in it to be a location from which firearms are excluded, it could have redefined "premises" to mean only a building... It did not. ...To so construe subsection 46.03(a)(3) would essentially render the language "portion of a building" meaningless... Thus, the disjunctive "or" in the phrase may not provide a discretionary choice between two alternatives as much as recognition that flexibility is necessary to accommodate the different kinds of spaces courts utilize in various types of buildings.

...

The premises of a "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court.


This. Could. Be. Huge.
 

sixer-sxt

Newbie
Joined
Dec 22, 2015
Messages
7
Location
Houston
A little bit of bad news in KP-0050.

KP-0050 Summary said:
Subsection 46.03(a)(1) of the Penal Code prohibits handguns from places on which a school-sponsored activity is occurring, which places can include grounds otherwise excluded from the definition of "premises" such as public or private driveways, streets, sidewalks or walkways, parking lots, parking garages, or other parking areas.

The opinion goes uses the example of band practice in a school parking lot. That parking lot would fall under "VERBOTEN - SCHOOL!!", per the AG opinion. But other parking lots would not. It's sometimes hard to separate one parking lot from another - so it could mean the whole contiguous lot. To apply that in other areas, it could mean that the band booster raffle they're holding down at the local chain restaurant makes said restaurant off limits.

I've heard this interpretation in other Texas forums, and have come to the conclusion myself, but now the AG interprets it the same way. Scary.
 
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HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,468
Location
Dallas
Here's the link to Sen. Birdwell's 6 campus carry questions of 11/18/15 responded to on KP-0051.

https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2015/pdf/RQ0076KP.pdf

Looks like rentals/sales of handgun lockers in upperclassmen dorm rooms will be brisk this coming summer...
Glad to see Paxton tells UT Profs that they are not the President or CEOs of the university, and (supposedly) the main purpose students are in college is to attend classes, so unless the Profs are teaching in elementary classrooms in the school of 'education', tough tiddly-winks...
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,468
Location
Dallas
Pic of survey from our TX Senator Huffines - the amendment to not question OC by cops is not dead...

9e5b2f244deb2c6d64c52043eb2608f8.jpg



Sent from my iPhone using Tapatalk
 
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janus

New member
Joined
Sep 5, 2007
Messages
20
Location
Georgia

Baby steps are not a bad thing, as long as we're going in the right direction.

Let the cops get used to Open Carry, in regard to 4th amendment. Soon enough the resistance to Dutton amendment will fade.
 

Glockster

Regular Member
Joined
Dec 24, 2010
Messages
786
Location
Houston
Pic of survey from our TX Senator Huffines - the amendment to not question OC by cops is not dead...

9e5b2f244deb2c6d64c52043eb2608f8.jpg



Sent from my iPhone using Tapatalk

I completely missed this -- this is something current that you saw/received???
 
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