Court Finds Austin In Violation Of State's 'Open Carry' Law

AUSTIN — The Texas attorney general on Thursday applauded a Travis County district court ruling finding the city in violation of the state's "open carry" law by banning firearms inside City Hall and assessed a $9,000 fine for the violation.

“The district court’s ruling preserves and protects the Second Amendment rights of Texans and sends a strong message to the city of Austin that they are bound by the same laws as all other Texans," Attorney General Ken Paxton said in a prepared statement. "The city of Austin cannot violate the open carry law or any other law the Texas Legislature has enacted simply because they disagree with it."

The court decision was the culmination of a lawsuit filed by Paxton to compel Austin to comply with the law enacted Jan. 1, 2016. The "open carry" law was crafted by conservative lawmakers to allows gun owners to openly carry their weapons as an expression of Second Amendment rights. The city — which bans guns as a safety issue where sometimes combative council meetings are staged — is expected to appeal the decision of the court on Thursday. If so, Paxton said he was ready.

Related story: Texas AG Demands Austin Allow Guns Into City Hall, Suggests Fines

"If the city of Austin appeals the district court’s decision, my office will continue to strongly defend the right of law-abiding Texans to keep and bear arms in accordance with our handgun laws," Paxton said.

Paxton filed a lawsuit against the city of Austin in July 2016 after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions. The court ruling found the city violated the "open carry" law and implemented a $9,000 fine — far less than the $750,000 Paxton had sought, but a development he still hailed as a victory.

A gun rights advocate tested the compliance mandate in the immediate aftermath of the court decision on Thursday, entering the City Hall chambers with his gun strapped to his hip without incident. In a statement, the city said guns will continue to be banned but in a manner consistent with the court's order during specific times allowed by the Legislature.

Private businesses, colleges and universities are allowed to opt out of the law by adhering to specific signing standards outlining firearms bans on their premises. Public entities and state-funded schools, however, are forced to comply with the guns rights laws dubbed "open carry" and "campus carry" that took effect six months after the former.

Scores of private businesses — among them the state's most prominent enterprises such as HEB — opted to immediately opt out of "open carry" in the immediate aftermath of its passage. Specifically worded signs adhering to measurement standards such as the one picture below popped up immediately after "open carry" passage, telegraphing a broad aversion by retailers and other businesses to allow guns on their premises.

>>> Photo of specially made sign allowing retailers to opt out of "open carry" law at HEB store, 2400 S. Congress Ave., by Tony Cantú/Patch staff

To view the court's full ruling, click here.

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>>> Image via Shutterstock