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Home My WebLink AboutPO 6517: POLICY AS IT PERTAINS TO HANDGUNS interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Valecia R. Tizeno, City Attorney I aJ1- ' Date: January 8, 2016 1/ Subject: P.O. No. 6517 Effective January 1, 2016, Texas laws regarding the licensing of handguns has changed. This new law applies to the ability to openly carry a handgun. Specifically, the new law allows a license holder to carry a weapon in public. There is no longer a distinction between concealed carry and open carry. Handgun owners wishing to carry a weapon in public are required to hold a license. Therefore, a licensed handgun owner will have permission to carry openly or in a concealed manner. Those carrying a handgun in an open manner must have the weapon in shoulder or belt holster. In general, a City cannot prohibit a license holder from carrying a handgun on City property or facilities. However, the new law does state that carrying a handgun is not permitted in the certain places, except by a licensed peace officer. These locations are listed below: 1 . Premises of a polling place on the day of the election or while early voting is taking place. 2 . Premises of any government court or offices utilized by the court . 3. Into a secured area of an airport. 4 . On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place. A license holder can be prohibited from carrying a handgun in certain locations ONLY IF, he/she is given notice pursuant to Penal Code Section 30 . 06 and/or 30 . 07 that carrying is prohibited. The law requires that this prohibition is allowable only if the City Council adopts a policy and provides notice in accordance with 30. 06 and/or 30. 07 posted at the door to the meeting room, oral or written communication. The City Council can authorize the placement of a sign explaining the prohibition, which only applies to limited circumstances and locations. Listed below are the locations that this Ordinance will authorize the placement of a sign prohibiting handguns. • Port Arthur City Council meetings at the City Council Chamber at 444 Fourth Street . • Boards and commission meetings of the City of Port Arthur. • Any other open meetings of the City of Port Arthur that is subject to the Open Meetings Act at various locations . Signs will also be placed at: • The Municipal Court and its administrative offices at 645 Fourth Street . • Polling places for City elections at various locations. It is my recommendation that the City Council review the proposed ordinance and provide me with any questions that may arise. On January 8, 2016, I received information from TML indicating that several clarification requests have been made of the Attorney General' s office regarding the implementation of the signs and other concerns . Therefore, please carefully review this submission and advise me if you have any questions or concerns. Attachments NOTICE FROM Texas Municipal League January 8, 2016 Licensed Handgun Carry and Cities: Another Attorney General Opinion Request In the wake of two confusing attorney general opinions related to licensed handgun carry, court facilities, and signage, another request for "clarification" has been sent to the attorney general. The request, submitted by the district attorney for Jim Wells and Brooks Counties and labeled RQ-0087-KP, asks several questions on behalf of the city attorney for the City of Alice. The city attorney points out several inconsistencies in state law, and asks questions relating to those inconsistencies. For example, if a license holder is given written notice pursuant to Penal Code Section 30.06 and/or30.07, the license holder may not carry into any meeting of a governmental entity that is subject to the Open Meetings Act during the meeting. As a practical matter, this means that most attorneys advise that the signs be posted at the entrance to the meeting room. However, that advice has been based on the language in Penal Code Section 30.06, which requires a sign prohibiting concealed carry to be "displayed in a conspicuous manner clearly visible to the public." The new language in Section 30.07, which requires a sign to prohibit open carry, requires that the sign be "displayed in a conspicuous manner clearly visible to the public at each entrance to the property." Thus, where to put the sign is called into question. Seeking clarification, the opinion request asks, among other things: (1) does the 30.07 "open carry notice" have to be posted at the entrance to the building or at the entrance to the council chambers; and (2) may the city post the 30.06 "concealed carry notice" at the entrance to the building or only at the entry to council chambers? In addition, the city attorney questions other inconsistencies in the statutory language. It is unlikely that the attorney general's opinion will be able to clarify the issues with any certainty. In the meantime, the League has prepared aQ&A that provides the most current information available. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. P.O. No. 6517 01/08/2016 VRT ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 62, SECTION 62 OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES PROVIDING A POLICY AS IT PERTAINS TO HANDGUNS AS REQUIRED BY SECTIONS 30 . 06 AND 30 . 07 OF THE TEXAS PENAL CODE. WHEREAS, beginning January 1, 2016, a license holder may generally openly carry a handgun in a hip or shoulder holster; and WHEREAS, a license holder may generally concealed carry a handgun; and WHEREAS, a license holder can be prohibited from carrying a handgun in certain locations ONLY IF, he/she is given notice pursuant to Penal Code Section 30 . 06 and/or 30 . 07 that carrying is prohibited; and WHEREAS, the law requires that this prohibition is allowable only if the City Council adopts a policy and provides notice in accordance with 30 . 06 and/or 30 . 07 posted at the door to the meeting room, oral or written communication; and WHEREAS, the City Council can authorize the placement of a sign explaining the prohibition, which only applies to limited circumstances and locations . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: s.po6517 Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the Code of Ordinances of the City of Port Arthur, Texas, is hereby amended as delineated below: Sec. 62-62 . - Carrying or discharging weapons on city property. (a) City property defined. As used in this section, the term "properties or buildings of the city" shall be construed to include, without limitation, all parks and recreation areas, including playgrounds, golf courses, swimming pools, marinas, the grounds and buildings of the City Hall, the city health department, the city water and wastewater treatment plants and lift stations, elevated water storage tanks and towers, the city garages and service stations, the city operations center and the city electrical department, the city drainage pump stations, the city animal pound, the city water reservoirs, fences and structures, and all other grounds and buildings of the city. (b) Prohibited acts . It shall be unlawful for any person upon any properties or buildings of the city within the corporate limits to carry or discharge any firearms of any kind, including air guns and bow and arrows and slingshots, or to throw stones or other missiles within, across or onto any area not designated for that purpose, except as provided in section 62-65 . (c) The City Council recognizes that it has limited authority to prohibit a license holder from carrying a handgun in city facilities to which the general public has access . Therefore, the City Council authorizes that notice be provided that carrying a handgun is only prohibited from certain facilities as provided by law. The City Council authorizes that notice be given pursuant to Texas Penal Code Sections 30 . 06 and/or 30 . 07 . The placement of a sign at the following meeting locations prohibiting handguns is authorized at the following meeting locations : • Port Arthur City Council meetings at the City Council Chamber at 444 Fourth Street . This is only applicable to City Council Chambers/meeting room while a meeting is being conducted • Boards and commission meetings of the City of Port Arthur. s.po6517 • Any other open meetings of the City of Port Arthur that is subject to the Open Meetings Act at various locations while a meeting is being conducted Signs will also be placed at : • The Municipal Court and its administrative offices at 645 Fourth Street . • Polling places for City elections at various locations on the day of an election or while early voting is in progress . Section 3 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . Section 4 . That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of A.D. , 2016 , at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmembers : NOES : Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard City Secretary s.po6517 APPROVED AS TO FORM: v V lecia R. T '41-no City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager s.po6517