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.
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