To my eye, this looks like Texas Attorney General Ken Paxton has trying to rewrite the handgun law restriction against licensed handgun carrying in churches. While I have no objection to the outcome, I wish the legislature had done it -- the separation of powers should apply at the state level as well as the federal level.
The statute is pretty clear:
PENAL CODE
Sec. 46.035 UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
...
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
...(6) on the premises of a church, synagogue, or other established place of religious worship;
(See also the License to Carry Handbook.)
However, Attorney General Paxton has opined that the statute should be construed with the sections which allow a property owner to prohibit carrying on the premises by displaying specific signage. He says that applies to churches, too. With that interpretation, prohibition applies only in churches that display the 30.06 (concealed) or 30.07 (open carry) signs.
That's all well and good, however his opinions don't carry the weight of law. See this from About Attorney General Opinions:
Courts have stated that attorney general opinions are highly persuasive and are entitled to great weight; however, the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.
The Texas legislature won't meet again until 2019, so to get it done right we'll have to wait.
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1:59 PM 12/23/2017
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