Last Updated on October 30, 2025 by Beltz Law Group
Beltz Law Group Legal Alert
A recent opinion from the Texas Attorney General’s Office, Opinion No. KP-0501, has provided critical clarification regarding the rights of licensed district attorneys and assistant district attorneys to carry concealed firearms in Texas courtrooms, even in the face of local rules or judicial policies seeking to ban them.
The opinion, issued in response to an inquiry from Midland County District Attorney Glen Harwood, firmly concludes that Texas Penal Code Section 46.15(a)(6) and (a)(7) grant licensed prosecutors an affirmative right to carry concealed handguns in government courts, and that neither individual judges nor local court security committees have the authority to categorically prohibit this right.
🏛️ The Core Issue: Statutory Right vs. Local Policy
The inquiry arose because certain Midland County judges and the Court Security Committee had implemented—or were contemplating—a policy to prohibit anyone who is not a bailiff or peace officer from carrying a firearm in court.
The Attorney General analyzed whether Penal Code Section 46.15(a)(6) and (a)(7) provide prosecutors with an affirmative statutory authority to carry in court, or if the statute merely provides a defense to prosecution. Furthermore, the opinion addressed whether a judge or a court security committee could lawfully forbid this licensed carry.
🎯 AG’s Conclusion: An Affirmative Right That Trumps Local Bans
1. Affirmative Right, Not Just a Defense
The opinion establishes that Penal Code Section 46.15(a) is clear: “Sections 46.02 and 46.03 do not apply to” licensed district attorneys and assistant district attorneys.
- Penal Code Section 46.03(a)(3) generally prohibits licensees from carrying a firearm in a government court unless pursuant to written authorization of the court.
- The exception in Section 46.15(a) exempts licensed prosecutors from this prohibition entirely.
The AG concluded that because Section 46.03 does not apply to them, licensed prosecutors “need not seek leave from a prohibition that does not apply in the first instance.” The law therefore vests them with an affirmative right to carry, not merely a defense to a crime.
This right is further supported by legislative history, which amended Section 46.15 following tragic courthouse shootings to provide prosecutors—who are under threat of retaliation—the same protection previously granted to judges.
2. Local Rules Cannot Override State Law
The Attorney General stressed that while Texas courts have inherent authority to maintain decorum and administer justice, this power is not unbounded and must be “consistent with the [C]onstitution and statutes.”
Judges’ authority to adopt local rules of administration (Tex. Gov’t Code Section 74.093) and the Court Security Committee’s duty to adopt security policies (Tex. Gov’t Code Section 74.092) must not be inconsistent with other laws.
Because Penal Code Section 46.15 grants licensed prosecutors an affirmative right to carry concealed in court, a categorical prohibition by a judge or court security committee is an attempt to suspend a valid statute, which is a power reserved exclusively for the Legislature (Tex. Const. art. I, Section 28).
Key Takeaway: Local rules and policies that enforce a categorical ban on licensed, concealed carry by district attorneys and assistant district attorneys in court are invalid because they conflict with the clear, express exception provided in the Texas Penal Code.
🤝 Implications for Licensed Prosecutors
This opinion confirms that district attorneys and their assistants who hold a handgun license may:
- Lawfully Carry a concealed firearm onto the premises of state courts.
- Disregard any local court order, rule, or security policy that attempts to impose a categorical ban on their licensed carry.
The Beltz Law Group is prepared to advise on the specifics of this opinion and how it applies to your role and location.
Would you like the full text of Attorney General Opinion No. KP-0501, or do you have a question about how this impacts a specific court or jurisdiction?
