December 28, 2015 - The Shelby County Commissioners' Court voted to remove the gun restriction signs on the courthouse at their meeting held Monday, December 28, 2015 and to comply with current changes to state gun carrying laws.
Due to the changes in gun carrying laws allowing for the open carry of firearms by licensed individuals in Texas, which was passed earlier this year and comes into effect on January 1, 2016, county officials across the state are having to consider the possibility of upholding the new law as it stands or imposing their own restrictions for the safety of citizens attending such public places as courthouses.
County Judge Allison Harbison says the county has received an opinion from the Attorney General's office and Gary Rholes, County Attorney, is looking into what possibilities there are for the county, "I don't know that we need to do anything right this minute, I think we need for the signs to come down and off by the 1st, or I guess by next Monday we'll need to remove those signs, but we need to discuss how we're going to handle it."
Judge Harbison asked if anyone had any suggestions or discussion on the matter and Roscoe McSwain, Commissioner Precinct 1, agreed the law as it stands should be followed, "Take the signs down and follow the Senate Bill 273 as it's written and the law plainly states out where they can and can't have a weapon on them. That's all that has to be said about it, just follow the law as it's written," said McSwain.
Bradley Allen, Commissioner Precinct 5, said he didn't feel there is a choice in the matter. Judge Harbison agreed, especially with the threat of possible civil lawsuits.
District Attorney Ken Florence was in the audience during the meeting and Judge Harbison asked him for his opinion on the matter. Florence agreed with following the law and stated he has read two opinions issued by the Attorney General's office regarding the issue, "I guess the question is courts and essential offices, obviously tax and title office is not an essential office, but the question really is, is the District Clerk's Office and County Clerk's Office an essential office? In the opinions the Attorney General's like, 'I really can't answer that, that's up to the court,' and so it really sort of directs the District Clerk's office to get the opinion of say, the District Judges."
Florence said if the county were to prohibit firearms at the District Clerk's office and the County Clerk's office and an individual were to complain, the county would have three days to remove the signs and avoid a liability issue. On top of that, the Attorney General's office would be notified and inform the county within 15 days to remove the signs.
Judge Harbison shared what she has read on the Judge and Commissioner listserv suggesting if anything other than the courtrooms and clerk's office are designated as areas where firearms are not permissible, the District Judges must approve such a plan and present it to the court.
"As far as the Commissioners' Court, I think since we're going to be the ones that's sued probably, that we need to take the signage down and just follow the law as basic as it is and if problems arise we'll meet them then," said Judge Harbison.
Jimmy Lout, Commissioner Precinct 2, in reference to security said, "Well, we won't need any security downstairs anymore will we?"
Judge Harbison and McSwain suggested waiting to see what develops in the approaching two weeks as some counties are going to be more proactive on the issue and fight the status of the current law. Travis Rodgers, Commissioner Precinct 3, said it is his understanding if someone were to enter the courthouse carrying a firearm on their side, they would be subject to having to show their license which allows them to carry said firearm.
Judge Harbison asked Walter Shofner, Bailiff/Courthouse Security, for his suggestion of what to do. There is someone checking individuals at the courthouse door during days there is District Court and County Court, Judge Harbison asked if that is going to change.
"That's kind of up to y'all. You've got to remember too, you have court on the second floor at times, you have court in your office sometimes, so we'll do whatever y'all want us to do. We may just have to feel it out and go from there," said Shofner.
Lout pointed out individuals could enter the courthouse with a gun on their hip, but not with a knife in their pocket.
"We never said that made sense," said Judge Harbison. "I don't know, I think that's probably true."
McSwain stated a constable has been spoken to who stated he would be glad to help fill in at the courthouse and he felt certain others would help with that as well.
A motion was carried to take the signage down from the courthouse and follow the Senate Bill as it is written, as well as work on a schedule to check people at the door.
Agenda items receiving approval include:
1. Pay monthly expenses.
2. Public Comments on Agenda items.
3. Regarding the Open Carry Act, effective January 1, 2016 take the signage down from the courthouse and follow the Senate Bill as it is written, as well as work on a schedule to check people at the door.
4. Adopt a mileage rate of .54 per mile for travel to comply with IRS guidelines.
5. Adjourn.
Fees collected per office for November:
Reported during December 14, 2015 meeting
1. Deborah Riley, Tax Assessor/Collector office: Property Division - $3,067,504.72; Motor Vehicle Division - $28,577.79 for a total of $3,096,082.51
2. Jennifer Fountain, County Clerk: $38,238.89
3. Lori Oliver, District Clerk: $13,889.90
4. Maxie Eaves, Justice of the Peace Precinct 1: $6,805
5. Marla Denby, Justice of the Peace Precinct 2: $942.60
6. Margie Anderson, Justice of the Peace Precinct 3: $3,313
7. Jenny Hicks, Justice of the Peace Precinct 4: $382
8. Mike Crouch, Justice of the Peace Precinct 5: $4,464
9. Zach Warr, Constable Precinct 1: $805
10. Jamie Hagler, Constable Precinct 2: $270
11. Billy Hearnsberger, Constable Precinct 3:
12. Bryan Gray, Constable Precinct 4: $270
13. Stanley Burgay, Constable Precinct 5:
Grand total: $3,165,462.90
CDs generated $18.20 for a total book value of $60,078.70
Money Market generated $353.43 total market value of $1,720,287.58
Total investments of $1,780,366.28
