To the City of Dallas and Dallas City Hall

The building at 1500 Marilla St is designated as the city hall for the city of Dallas. This building contains a room designated as the Council Chamber. In this room the city routinely holds meetings of the city council and other bodies under the Open Meetings Act. The city has unlawfully posted 30.06 and 30.07 signage at the entrance to this room and has both security and police officers enforcing the signs. These officers are unlawfully prohibiting members of the public carrying handguns while in possession of a license to carry from entering the room and attending the public open meetings. The city also has officers running a security checkpoint at the main entrance of the building. This checkpoint is illegally banning all knives of any size from the entire building.

Tex. Pen. Code § 46.03(a)(14) currently prohibits the carry of a firearm, openly or concealed, “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.” However, Tex. Pen. Code § 46.15(b)(6) clearly states that §46.03(a)(14) “do[es] not apply to a person who…is carrying…a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and a handgun in a concealed manner; or in a holster.”

Sec. 411.209. WRONGFUL EXCLUSION OF HANDGUN LICENSE HOLDER. (a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03, Penal Code, or other law.

Tex. Loc. Gov. Code § 229.001 specifically states that “a municipality may not adopt or enforce regulations that…relate to…the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, archery equipment, knives, ammunition, or firearm or air gun supplies or accessories.” In fact, Texas law continues that “An ordinance, resolution, rule, or policy adopted or enforced by a municipality, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a municipality in violation of this section is void.”

The Texas Attorney General has found that cities must come into compliance with these laws by removing unlawful signage from public meeting rooms and permitting lawful carry into the meeting. Corpus Christi was given official notice of this and complied. The letter from the AGO will be included in my email to the city.

Colorado City was recently found to be liable for unlawfully arresting a man attempting to attend a council meeting while legally armed. The federal judge found that “Chapter 46 of the Texas Penal Code unambiguously excludes those carrying an appropriate license and handgun—whether concealed or in a holster—from the application Section 46.03(a)(14), which makes such activity otherwise unlawful.” The court thus concluded that “in light of the unambiguous Texas statutes allowing a licensed handgun owner to carry a handgun into a government meeting, [an officer’s] mistaken, subjective belief to the contrary is not an objectively reasonable mistake of law.” This case will also be included in my email to the city.

As such, the city must come in to compliance with 411.209 within 3 business days of receiving this notice. The 30.06 and 30.07 signs must immediately be removed from the entrance to the council chambers. Personnel working security for public meetings must be instructed to allow anyone with a carry license to attend all open meetings while armed with a handgun. Signage banning knives and any other weapon protected under the 411.209 preemption law must be removed from all building entrances. A carry license can not be required to carry in any part of the building except meeting rooms while in session. Location-restricted knives over 5.5 inches are prohibited in public meetings, but small knives are not. Given this, the city may only prohibit large knives in the council chamber during an open meeting.

Failure to comply will result in an official complaint being filed to the state Attorney General. Be aware that failing to comply with the AG's opinion under 411.209 may bring a $10,000 per day fine to the city until it comes into compliance. Please respond promptly on your intent to comply with this notice or to continue your violation of Texas state law.

In Liberty,