Sunday, February 07, 2016

TX: Benbrook Police Chief opts for Controversial 30.06, 30.07 Signs

In January of 2016, on the first day of the restoration of some open carry rights in Texas, I stood in front of the Benbrook Police Station, looking at the recently placed 30.06 and 30.07 signs.

I noticed that the signs were not of the required dimensions, so they are likely not enforceable in a court of law.  But police, like fire in the quote attributed to President Washington,  (employed in various forms since the 1500's) are "dangerous servants and a fearful master".  I tread lightly around police, just as I do around high explosives or high powered machinery.  All are extremely useful, and all desire proper care, caution, respect, and safeguards.

A couple of days later, sans Glock and holster, I entered the department to determine the origin of the signs, and the reasons for their obviously recent emplacement.  I talked to an agreeable Sargeant.  The public relations officer had just retired.  The Sargeant very kindly gave me the police chief's email, suggesting that such policies were above his pay grade.

I contacted Chief James Mills, and asked him who made the decision to erect the signs, and what was the purpose and expected benefit? 

Chief Mills was kind enough to reply.  He said that the foyer of the police office is also the waiting area for the Municipal Court.  Here is the paragraph about the decision to post the signs:
It was my decision to post the 30.06 and 30.07 signs. There was nothing controversial about the decision, as state law already prohibited the carrying of firearms onto this premises. The signs were simply a measure to ensure license holders are aware they are entering the premises of a government court. Of course, the desired benefit would be compliance with state law. I hope this helps with your article. Thank you for your kind words about Sgt. Gray. I will make sure to pass it along.
James Mills, Chief of Police
Benbrook Police Department
1080 Mercedes Benbrook, Texas 76126

I was skeptical of Chief Mills decision.  I see nothing in state law that requires him to post the signs, nor do I see any benefit, as I do not see any state law being broken by the presence of legally armed citizens in the police foyer.  Before the  open carry law, no 30.06 sign was posted. It appears that the Attorney General of Texas, Ken Paxton, agrees with me. From
Rather than simply the area bounded by the courthouse walls, Paxton’s view of what premises include means “that people with a license to carry should be able to go into [the] courthouse in non-essential areas,” Shannon Edmonds, who serves as director of governmental relations at the Texas District and County Attorneys Association, told the station. “I think most counties don’t read the law that way, but some of them are taking steps to comply with the opinion, even if they don’t agree with it, because they don’t want to get sued.”
In September, the state legislature authorized the AG to sue government entities that ban firearms improperly in their buildings, and it appears from Paxton’s views on the definition of courthouse premises that they could potentially be subjects of enforcement, the article explains. The attorney general’s homepage has a prominent link for citizens to report government entities which may be unlawfully prohibiting concealed firearms.
The Benbrook police department has not been listed among those who have had complaints filed against them with AG Paxton, at least not yet.  But I will not be surprised if I find them on such a list, eventually.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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