Sheriff Clarifies Position on Guns in County Buildings

TYLER — Smith County Sheriff Larry Smith says he supports a gun ban issued by the county this week even though he remains “a strong advocate for the Second Amendment.” That word came Thursday in a clarification of his position regarding the concealed or open carry of firearms within county buildings. The Smith County Commissioners Court voted Tuesday to ban both the concealed and open carry of firearms within the Smith County Courthouse and any county facility that houses a courtroom. In a news release, Smith explains that the 30.06 (concealed carry) and 30.07 (open carry) signage will be placed at the entryway to any county facility that houses a court.

In a news release, Smith continues, “Governor Abbott recently rendered his opinion that the most recent concealed and open carry firearm legislation does not allow local government entities to prevent the carrying of firearms in government offices other than courts. We then must examine the county facilities within Smith County in an effort to adhere to the law. In doing so, the concealed or open carry of firearms is not permissible in a court. The configuration of the Smith County Courthouse is such that there are courts on the first three floors. The Domestic Relations courtroom is situated on the first floor between the two public entryways of the courthouse. The bench in the main first floor hallway of this court is commonly used for witnesses to await their testimony in court. Therefore, the hallway is construed as an extension of that court and the concealed or open carry of firearms in this area is prohibited. The aforementioned circumstances therefore prevent the concealed or open carry of firearms anywhere within the courthouse.

“Additionally, there are frequently from twenty to thirty inmates attending docket call within the Smith County Courthouse which presents a safety and security concern for the inmates and more so for the general public. Therefore I believe the proper decision has been made to prohibit the concealed and open carry of firearms in the courthouse. The same circumstances exist in the Courthouse Annex facility, the respective Justice of the Peace Courts and the (Cotton Belt) Building where there are courts present.

“I have been and will continue to be a strong advocate for the Second Amendment, while continuing to balance my duty to protect the lives of those inside the courthouse and courts. I am in support of (a) Handgun License holder’s ability to carry in other county buildings that do not house courts as prescribed by law. I am charged with the security of all county buildings even though they are within the city limits of Tyler and other municipalities.”