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Posted on Mon, Sep. 01, 2003 | |
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Law lets firearms in more places Star-Telegram Staff Writer
Starting today, firearms go public. For years, local governments have been able to ban concealed handguns from many city halls, police stations, libraries, recreation centers, city and county parks and many other governmental facilities. No more. Today, a new state law takes effect allowing Texans with concealed-handgun permits to take their firearms into many public facilities. And that has rankled some city officials. "I support the right to bear arms -- I'm a lifetime member of the NRA [National Rifle Association]," said Fort Worth Mayor Mike Moncrief, who holds a concealed-handgun license. "But I think this is going too far. "I don't think it's the responsible thing for the state to have done to ensure adequate protection of those who are in public service." Even so, before state legislators got mired in partisanship and redistricting, they passed a law stripping local governments of the ability to ban concealed handguns in public places. That means concealed-handgun license holders can carry their firearms onto local government property, except into buildings where courts meet and rooms where governmental meetings are being held. Under state law, guns remain banned at schools, on school grounds and at racetracks, bars, sporting events, places of worship, amusement parks, hospitals and nursing homes, among other facilities. Advocates of the new law say that it closes a loophole and that the Legislature never intended to prevent Texans from lawfully carrying concealed guns on most government-owned property. "These are law-abiding citizens ... and there is a belief on our part that they ought to be able to carry legally," said Jim Dark, executive director of the Texas State Rifle Association, the Texas affiliate of the NRA. Supporters say local governments overstepped their authority, banning guns from buildings at will. Rules varied among cities and counties so that traveling Texans didn't know which facilities restricted guns. "It is spelled out in the Texas Constitution that only the Legislature has the right to regulate the bearing of arms," said state Rep. Suzanna Gratia Hupp, R-Lampasas, who helped shepherd the bill through the Legislature. "Plus, if we allowed cities to do this, it would create an incredibly unwieldy patch of ordinances across the state." Opponents disagree. They say the new law erodes local control and treats local governments differently than other property owners, who have the right to prohibit concealed handguns on their property. And they say Texans realize that regulations vary by city and county. "This is a bad ol' bill," said Frank Sturzl, executive director of the Texas Municipal League, which represents cities statewide. "We opposed this vigorously, but this was passed on the basis of political strength of political-interest groups. "Now we'll wait and see what happens," he said. "You just hope you don't get the New York City Hall-type situation." In July, New York City Councilman James E. Davis was shot to death by a political opponent who slipped his gun into City Hall by accompanying Davis, who did not have to pass through the building's metal detectors. The shooting occurred at the start of a council meeting. It was 1995 when the Texas Legislature first passed the concealed-carry law that allowed Texans with a permit to carry concealed firearms. Lawmakers outlined specific exceptions -- such as hospitals, courtrooms, churches, bars and at government meetings. In 1997, the Legislature gave private-property owners the authority to ban concealed handguns on their premises. Through all of this, local governments expressed public-safety concerns and began to adopt bans for their facilities. The bill's author, state Sen. Ken Armbrister, D-Victoria, could not be reached for comment recently. But in June, he told the Star-Telegram that the ability to ban guns lies with the state. "Cities have assumed an authority they don't have," Armbrister said. "All this does is reaffirm the state's authority in this regard." To be considered for a permit, applicants must pass a criminal-background check and take classroom training on gun laws and safety. People who are mentally ill are ineligible. Currently, 234,408 Texans, including 17,554 in Tarrant County, are licensed, according to the Texas Department of Public Safety. Several area government officials joined Moncrief in expressing concerns about the new law. "This tends to erode, to some degree, what we are trying to do to provide a safe environment," said Bruno Rumbelow, assistant city manager in Grapevine. Arlington Mayor Robert Cluck said he doesn't believe that people with licenses to carry concealed handguns are a threat because they are subject to extensive background checks and training. But he is glad that guns are prohibited in City Council chambers during meetings. "That's where tempers are most likely to flare," he said. Moncrief, a former state senator who stepped down earlier this year, said he would have opposed the law if he had still been in the Legislature. "I'm appalled [that] this is something we have to deal with," he said. "This was a mistake." Staff Writers Sally Claunch, R.A. Dyer, Mike Lee and Ellena F. Morrison Contributed to This Report. Anna M. Tinsley, (817) 390-7610 atinsley@star-telegram.com |
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