WALLER CO. COURTHOUSE GUN BAN UPHELD BY JUDGE

  

A ruling Tuesday from a state judge will allow Waller County to continue to prohibit firearms in its courthouse.

In 2016, Attorney General Ken Paxton sued the county for posting signs at the courthouse warning visitors that carrying firearms or other weapons into the building is banned by state law.  Tuesday, Judge Maya Guerra Gamble of the 459th District Court in Travis County ruled in favor of Waller County.

In a news release, Waller County Judge Trey Duhon said this ruling is “a victory for the rule of law, separation of power principles, and all local governments targeted and demonized by Attorney General Paxton’s office.”  He said this “proves that Waller County has always taken the most conservative approach in applying the law exactly as it was intended by the Texas Legislature.”

The dispute stems from disagreements over the state’s open-carry law, which allows Texans to openly carry handguns but prohibits firearms “on the premises of any government court or offices utilized by the court,” unless they are authorized by the individual court or a written regulation.

Waller County District Attorney Elton Mathis said in the release that the county is a rural county consisting of hunters, farmers and gun enthusiasts that naturally respect the 2nd Amendment and Texans’ rights to lawfully carry firearms.  He added, however, that the county “believes that we follow the laws as written by the Texas Legislature and don’t get to pick and choose what is best for us politically,” while also saying, “The country is tired of that and demands better.”

Gamble is the second state judge to rule in favor of Waller County, after state district court Judge Albert McCaig Jr. sided with the county in November of 2016.

Paxton’s office has not indicated whether it will appeal the decision.

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