Carrying a firearm in a courthouse

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kurtmax

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I had a few questions:

1. Is there a federal law prohibiting carrying a firearm in a courthouse?

2. Are there any states that you can carry into a courthouse (I seem to remember that you can in some states)

3. Specifically, in Alabama, if there isn't any state law prohibiting it (there isn't, and no administrative codes that I know of that prohibit it), can you carry in a courthouse.

Every time I go to the courthouse they make you walk through a metal detector and wand you and stuff.

I really can't figure out where they get the authority to do so. I asked the guard about it and he said no weapons of any kind are allowed. There isn't a 'building manager' or anything that I was able to find and got the runaround from the imps behind the registration counters and such.

I know in some places without laws prohibiting carry that the judges can hold you in contempt of court for not obeying their 'rules'. However, when a 'courthouse' as a building also houses other functions do the judges have power over the entire building or just the parts that conduct legal proceedings? For example, the 'court' level at my local courthouse is completely separate from the county archives and DMV, etc. It would seem like a rather 'sneaky' way to prohibit weapons by packing as many offices as you can in a 'courthouse'.
 
No. The Feds could care less about state courthouses. But I'm sure most if not all states prohibit carry in state courthouses.
 
That's up to the state. Usually illegal, but not always I hear tell.

In AZ, they must provide you a safe storage place (a locker, for example) if they prevent you from carrying.


-T.
 
The state has a law that would prohibit carry in a state courthouse; therefore, the authority would have been vested inter alia with the state legislature. I was in Justice Court in Pahrump NV recently and there was a very nice gent open carrying a couple of wheelies old western style passing out copies of NV constitution. I found out later that he was running for mayor. He's got my vote (accept that I don't live there...). The courts in vegas, however, do not allow weapons.
 


In Texas, all court houses or facilities with a court or court offices are off limits even if you possess a CHL.

§ 46.03. PLACES WEAPONS PROHIBITED.

(a) A person commits an offense if the person intentionally, knowingly, or
recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;​
Click to expand...

[/quote]
​
 
2. Are there any states that you can carry into a courthouse (I seem to remember that you can in some states)
Click to expand...

You put me to work.After some eye squinting 'net research it appears these states allow Courthouse Carry:
AZ,CO,DE,IN,IA,MD,MN,NV,NJ,ND and RI.
In a few instances,I believe CO and NV,for example this can be nullified if there are security personnel or electronic metal detectors.
And, of course ,in the cases of MD and NJ, getting a carry permit is close to impossible so it would be possible in theory only.
There could be some mistakes or omissions here.This was a quick study.Corrections graciously accepted.:)
 
Did you come across anything about Alabama in your research. There are a few 'gun law' sites that say you can't carry in courthouses or government buildings here, but no references to the applicable laws.

I'm pretty sure there simply doesn't exist any law and they are just prohibiting firearms because who is gonna sue a courthouse?
 
Solo I would take NJ off the list there as they won't even let LEO's carry in the court house. I got called for jury duty a few years ago and had to check my gun with the Sheriff's Officers after I went through the metal detectors. I highly doubt any other courthouses have any other policy.
 
^^ That's probably because you were actually going into a courtroom, or the 'court' part of the courthouse. Most judges can make their own rules about who and what is allowed into 'their' place.

What I'm concerned about is the non-court portions of a courthouse, for which the judges generally don't have control over.
 
Did you come across anything about Alabama in your research. There are a few 'gun law' sites that say you can't carry in courthouses or government buildings here, but no references to the applicable laws.

I'm pretty sure there simply doesn't exist any law and they are just prohibiting firearms because who is gonna sue a courthouse?
Click to expand...

Yes,Kurt I was about to add this from HandgunLaw.Alabama is very vague and ambiguous.See this advice:

Note: Sheriffs in Alabama can and do put other restrictions on the permit holders they issue to. Do be
aware of any of those restrictions that may be on your permit/license to carry. Carrying where alcohol
is served or consuming alcohol while carrying is one I have seen on more than one Alabama Sheriffs
web site that adds these restrictions. Government buildings are another restricted item they add. Most
state City, County and State Government Buildings are off limits. Again do be aware of any restriction
on your permit/license.
These restrictions if noted on the permit/license would be in effect in any other county in Alabama you
would visit. When going out of state and carrying on an Alabama permit/license that Alabama honors
you must go by the laws of the state you are in. Do be careful.
 
I really can't figure out where they get the authority to do so.
Click to expand...

See this: http://www.municipalcourt.org/securitydiv.asp

A judge or other court authority figure can certainly implement rules and regulations for how business is conducted within the courthouse, and this is one of those rules/regulations. Even if your state, or locality has no statutory authority to implement courthouse security measures, such authority would be considered as an implied authority by nature of a courthouse. This I can assure you would hold a 99% chance, or higher, of being upheld within the Supreme Court of the USA.

Another example of implied authority is the authority of some LEOs to carry firearms. I was employed by the U.S. Border Patrol for 4 years. During the period I was so employed, there was no statute granting Border Patrol Agents the authority to carry firearms. It was considered an implied authority by nature of the job. This made it questionable whether or not you could carry off duty in some states because of the lack of statutory authority. I am fairly certain, that some years later, the Border Patrol received statutory authority to carry firearms.

All the best,
Glenn B
 
Solo I would take NJ off the list there as they won't even let LEO's carry in the court house. I got called for jury duty a few years ago and had to check my gun with the Sheriff's Officers after I went through the metal detectors. I highly doubt any other courthouses have any other policy.
Click to expand...

I agree completely Kevin.That's why I said "in theory only" for New Jersey and Maryland.
It's as likely as life on Mars.
 
I saw the handgunlaw info. My permit is unrestricted as far as I can tell. The part about gov. buildings being off limits is bogus, and they don't have any references to applicable law.

As I said earlier, I am aware of a judge's ability to make up rules for the court, but many courthouses here house all kinds of unrelated government functions. Especially when the 'court' area is on a separate floor of the building, how do they have the authority to 'secure' the entire building, and not just the parts relating to the courts.

I may stop by the courthouse again and inquire about this a bit more.
 
I saw the handgunlaw info. My permit is unrestricted as far as I can tell. The part about gov. buildings being off limits is bogus, and they don't have any references to applicable law.

As I said earlier, I am aware of a judge's ability to make up rules for the court, but many courthouses here house all kinds of unrelated government functions. Especially when the 'court' area is on a separate floor of the building, how do they have the authority to 'secure' the entire building, and not just the parts relating to the courts.

I may stop by the courthouse again and inquire about this a bit more
Click to expand...

I agree completely.
Alabama,per se, does not prohibit courthouse carry.
Again, we're back to these Little Napoleon Sheriffs and functionaries ,whose threadbare ego's demand bowing and scraping ,from the common unwashed citizen's.
 
I really wish you could carry into a courthouse in Ca. It would be real nice to show up to my arraignment carrying. :) Ah, but it's not to be. They confiscated my only gun anyways. ;)
 
solo flyer said:
In a few instances,I believe CO and NV,for example this can be nullified if there are security personnel or electronic metal detectors.
Click to expand...

I can't swear to it for every courthouse in the state, but I doubt there are any courthouses in this state where you could legally carry a firearm.

Within the Denver metro area there are some courthouses that won't even allow us to carry there as on-duty uniformed police officers. Granted, I haven't personally dealt with this issue, but a number of my coworkers have reported problems at a couple of the county courts in the region.

Either way, the courts I've been to all have metal detectors, and are prohibited areas for CCW.
 
Believe it or not but federal law prohibits carrying firearms into post offices.

With regards to New York State, the carrying of firearms, and other weapons into state courthouses is prohibited. A police officer, in uniform or street clothes, is allowed to be armed in court only if he/she is on official business, otherwise they are like any other civilian.

Handgun permits issued outside New York City aren't valid in NYC. You must have a NYC permit to possess or carry in NYC or you will be charged with possessing an unregistered handgun.
 
There are numerous public offices in our court house such as the tax assessor and county recorder. I'm told that these are okay to carry in.

The actual court rooms themselves have metal detectors and are a no way.
 
Indiana has no state law against it. However, after September 11, many counties passed ordinances against carrying in courthouses or judges issued orders prohibited deadly weapons in courthouses such as my own county, Tippecanoe. Because, as we know, Tippecanoe County, Indiana is right up there on Osama's Jihad Joblist.:rolleyes::D
 
Because, as we know, Tippecanoe County, Indiana is right up there on Osama's Jihad Joblist.
Click to expand...

Yeah. My backwards middle-of-nowhere county in Alabama is real high on his list too. High enough that they must have guards old enough to be the crypt keeper search you as you enter. They are half blind and always mistake my USB drive for a knife!
 
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