AG Finding OKs Concealed Carry at Open Meetings

In March of this year, the Texas Attorney General’s office notified Colorado City officials that they could not prohibit a licensed carry holder from attending an open public meeting with their firearm.

The letter was in response to a citizen complaint from a concerned carry license holder who was excluded from a city council meeting while carrying his weapon. The Attorney General informed the city they were in violation of state law.

The letter stated in part”

“Texas Penal Code Section 46.03(a)(14) states: 

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, or prohibited weapon listed in Section 46.05(a): (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. Tex. Penal Code § 46.03(a)(14).” “

“However, Texas Penal Code section 46.15 provides a list of situations for which 46.03 does not apply. Specifically, Texas Penal Code section 46.15(b)(6) explains that 46.03(a)(14) does not apply to those carrying a handgun with a license issued under Subchapter H, Chapter 411 of the Government Code which includes those who have a license to carry. Based on the allegations contained in the complaint OAG received, Colorado City appears to be in violation of Texas Government Code Section 411.209.”

“We are therefore requesting that Colorado City allow lawful license holders to carry their handguns in meetings held under the Open Meetings Act, including city meetings. We further request that Colorado City remove any permanent signage from the Civic Center that provides notice pursuant to Texas Penal Code Sections 30.06 and 30.07 excluding license holders carrying handguns from city property.

Please provide our office with a written response to this letter within fifteen (15) days from the receipt of this letter to commit to ensuring Colorado City and its officers and employees will comply with Texas law. Failure to cure these violations within the timeframe specified could result in OAG bringing action against Colorado City to collect the aforementioned civil penalty pursuant to Texas Governmental Code Section 411.209.” 

What is the Law Regarding Handguns in City Council Meetings?

While the letter is not an official Attorney General Opinion, which has some legal authority, as a finding related to a complaint it raises an issue of concern for city and county governments statewide if this is the official position of the Texas Attorney General’s office.

The Texas Municipal League has expressed a different interpretation of the statutes.

According to their publication, Local Governments and Firearms: Avoiding a Jam, published in 2021, licensed carry holders are prohibited from carrying a weapon into an open meeting under the Open Meetings Act if an entity posts notices under Texas Penal Code 30.06 or 30.07.

This contradicts the Attorney General’s letter, which ordered such notices be removed by Colorado City, along with further information about penalties.

Tex. Government Code Section 411.209(b) further provides:

A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of: (1) not less than $1,000 and not more than $1,500 for the first violation; and (2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

Each day of a continuing violation of Subsection (a) constitutes a separate violation. Tex. Gov’t Code § 411.209(c).

The Concho Observer has reached out to the Texas Municipal League for comment, but did not receive a response by publication time.

The finding was written by Assistant Attorney General Canon Parker Hill.