East Texas lawmaker: A gun free courthouse may not align with state law

SMITH COUNTY, TX (KLTV) - In a little less than a month, the Open Carry Act will be in effect, and that could mean changes in weapons policies at East Texas government buildings.

Smith County Sheriff Larry Smith believes the entire Smith County courthouse should be exempt from open carry and be gun-free. 

"We've already had a wake-up call once, do we need another one? I don't think we do," Smith said.

Smith said even when open carry goes into effect, firearms shouldn't be anywhere near the Smith County courthouse. 

"A prime example is the courthouse shooting we had a few years back. He came right outside the door and killed his wife who was showing up for court," Smith said.

Currently, the open carry law states that weapons are prohibited on the premises of any government court or offices used by the court

"The word 'premises' has a little bit of wiggle room there; it could be a building or a portion of a building," said Texas State Representative, District 6, Matt Schaefer.

Lawmakers are working to narrow down just what the word 'premises' means. Smith believes the definition of court extends beyond the courtroom.

"Anything that facilitates the court. Where you have witnesses waiting on a bench outside the courtroom in open quarter between the entry ways of a courthouse, that's court," Smith said.

But according to the state, a multi-purpose building is not a court.  

State Representative Matt Schaefer said that will determine where firearms are allowed. 

"It's the question of a single use government facility versus multi-use government facility," Schaefer said.

But with more than just courtrooms in the Smith County courthouse, or even the courthouse annex, Schaefer said it's likely the state will recommend certain areas of government buildings to not allow guns. But he doesn't believe it's lawful to exempt entire buildings. 

"Look what's happening around the country. Looks what's happening in France. Look at what's happening even today. When you have gun-free zones that just means the people there have no way to protect themselves," Schaefer said.

Smith County has not taken any action on the issue. Recommendations from the Texas Attorney General are expected before the end of the year. 

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