Texas Attorney General Ken Paxton
Texas Attorney General Ken Paxton

Hot on the heels of the ongoing controversy over a firearm carry ban at the Texas State Fair, Texas Attorney General Ken Paxton has recently targeted another infringement on the right to bear arms in the Lone Star State.

On November 19, Paxton’s office filed a lawsuit against the Memorial Hermann Hospital System, arguing the system has restricted off-duty peace officers from entering some facilities in and around Houston with firearms since 2022.

Texas law states that certain establishments serving the public that restrict a peace officer from carrying authorized weapons are subject to a civil penalty of $1,000 for each violation. While the law doesn’t specifically mention hospitals, it does mention hotels, motels or other places of lodging, retail businesses, sports venues and “any other place of public accommodation.” dec

“Plaintiff has a statutory right to an award of penalties,” the complaint states. “Defendants have shown a continued disregard for state law, which is prejudicial to the state’s interest in protecting the public from criminal activity and harm. Irreparable injury to Texas citizens, persons and property is threatened, irrespective of the imposition of penalties against the defendants.”

According to a report at houstonpublicmedia.org, Paxton sent letters to the hospital in February 2023 demanding that the facility follow the law concerning off-duty carry in its facilities. Lawyers representing the hospital system replied with a letter indicating they would comply.

According to the complaint, in August 2023, Memorial Hermann prevented off-duty officer Joe Rosas from entering an emergency room with his firearm. At the time, he was told that the hospital only allowed carry by on-duty officers. The following month, another off-duty officer was told she couldn’t carry her firearm into an emergency room in Humble, Texas. She later filed a complaint over the incident. Another incident involved a former FBI special agent who wasn’t allowed to carry a gun into a Memorial Hermann facility.

Forbidding police officers—even off-duty ones—from carrying concealed weapons also violates a Harris County Sheriff’s Office policy stating that law enforcement officers have a “duty to carry firearms.” In the lawsuit, Paxton is seeking a civil judgment of $1,000 for each of the 10 described incidents.

Texas AG Paxton suing over violations of state citizens’ right to keep and bear arms is nothing new. Along with the recent Texas Fair scuffle, he has filed lawsuits from Second Amendment infringements against everyone from local businesses for denying the right of law enforcement officers to carry on their property to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for unlawfully prohibiting silencers.

24 COMMENTS

  1. So, just a carve-out for LEO ? Screw that noise, Ken – if it’s an offense against the. cops, it’s an offense against ALL citizens.

  2. I never would have thought these types of issues would ever occur in Texas.
    Wonder if the california trash blowing into Texas has anything to do with this foolishness!

    • Darkman,

      I am wondering if those hospitals in Texas had metal detectors at the entrances? Alternatively, those off-duty law enforcement officers may have went to the hospital for treatment which required removing their handgun from their bodies–which obviously exposed their carry status.

      • No idea on the metal detectors. Our local hospitals don’t have them. Security is so bad at the biggest one that last year I participated in a kidnapped baby security drill and got out of the hospital with the baby. The security officers are little more than whack-nutz that I wouldn’t trust to guard a girl scout cookie sale.

  3. Forbidding police officers—even off-duty ones—from carrying concealed weapons also violates a Harris County Sheriff’s Office policy stating that law enforcement officers have a “duty to carry firearms.” Policy is NOT LAW. Now they know what it is like being not one of the chosen few.

  4. I’m always armed where ever I travel. And being armed doesn’t always mean having a firearm.

    People need to think outside the box. And learn to understand just what keeping and bearing ARMS really means.

    Also if you can’t reliably, conceal your firearm, then why are you carrying it? You need to think about getting a different gun. Preferably a smaller one and training with it.

  5. Not disarming LE is a no-brainer.

    Disarming patients and family routinely is also a no brainer. The highly stressed, distraught and often irrational folks one encounters daily in an emergency room are not good candidates for carry, full stop.

  6. What legal standing does the “policy” of a private business have. When it violates the 2nd and the business is open to the public? NONE. Ignore their “policy”.

    No carveout/special treatment for popo! Just one more group of civilans

    • The ability to own property, land or anything else, is what made America completely different, from any other country.

      We have always understood that the property owner had the final say. And you could always go somewhere else. And you could also carry a much smaller gun.

      And shut up about it.

      btw

      If you are caught with it. “The secretary will disavow and knowledge of your actions.”

  7. Ohhh, someone stepped on a cops toe’s.
    Bad bad bad
    Now for the rest of us ‘uncleansed’.
    Yeah, our lives are expendable.
    Fck the Blue Privilege.

  8. The Grey Man.
    Loyal to the core, right.
    Cops are so much more special then the scum(and that’s all of us not in uniform) that they are forced by a paycheck to serve.
    I don’t cry about being shit on by the system but gawd forbid if a cop has to play by the same rules as the rest of us.

  9. Aside from the patient’s right to carry – which is the elephant in the room – has anyone kept up with what goes on in Emergency treatment? Drug cases are dropped off for nurses to deal with, and patients who COMMONLY become violent and beat on staff are the issue at hand. Progressive municipalities are turning to creating behavioral management units to contain overdosed imbibers of controlled substances – and armed security is very much part of that solution.

    Until areas adopt putting meth heads and out of control substance abusers in a controlled ans safe environment until they sober up, cops with guns – and hospital staff – should have the option of carry. And, lets not get into staff who impose mandatory treatment without patients permission or consent for a case of the flu . . .

  10. Another privilege the police have is they can kill a criminal who steals government property.

    But they will arrest you if you kill to protect your private property.

  11. But Chris, its city,county,state, property.
    Your stuff doesn’t matter.
    and this
    Sorry about your daughter we killed hiding in the womans wardrobe change booth, it’s like we we’re getting shot at so we just started blasting.

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