Thursday, January 21, 2016

From the Houston Chronicle: Local governments under fire for gun bans

File this one under policy implementation. It also fits under a general discussion of the relationship between state and local governments, in addition to the role of the Texas Attorney General in adjudicating disputes. The struggle over where someone can and cannot openly carry a handgun continues.

- Click here for the article.
Senate Bill 273, which went into effect Sept. 1, allows anyone to file a complaint with the attorney general's office if he believes a state agency or political subdivision is improperly posting the signs where guns are allowed.
Under the law, the complainant first must send a written complaint to the entity. If three days go by without a response, he can file a complaint with Paxton's office. The attorney general then investigates the allegation - which must include proof of the improper signage and lack of local response - and forwards it to the appropriate division if further action needs to be taken.
Governmental entities found in violation of the law have 15 days to remedy the situation; if they do not, Paxton's office can sue, seeking penalties of up to $1,500 for the first day and $10,500 for each subsequent day they are deemed non-compliant. The new law applies only to signs that bar gun owners with a license to carry, or LTC, "from entering or remaining on a premises or other place owned or leased by the governmental entity." As of Jan. 1, those with an LTC are allowed to carry their handguns openly in a shoulder or hip holster.
The complaints received by Paxton's office since Sept. 1 target a variety of entities, from the Deer Park Community Center to the Dallas Zoo.
Nearly a quarter of the complaints were filed against city halls and other government complexes where signs were posted telling Texans they could not carry handguns anywhere in their buildings. Six were filed against local governmental entities that want to ban guns in their entire courthouse or judicial complexes, and three were lodged against county appraisal districts or tax offices.