Killeen council places partial ban on guns in chambers
Published: Wed, 12/13/23
Killeen council places partial ban on guns in chambers
CJ Grisham of Open Carry Texas, a Temple resident, speaks before the Killeen City Council on Tuesday night. Grisham spoke in favor of keeping the gun ordinance pertaining to city meetings unchanged.
Killeen Daily Herald
By Kevin Limiti | Herald
December 13, 2023
The Killeen City Council voted Tuesday to ban open carry of weapons in the Council Chambers.
The 5-2 vote — which occurred nearly an hour after the City Council discussed the issue with the city attorney in closed session — was an apparent compromise from the original proposal to ban all guns from the chamber.
Mayor Pro Tem Nina Cobb and Councilman Joseph Solomon voted against the motion.
Councilman Riakos Adams made the original motion to ban open carry while continuing to allow concealed carry of handguns by licensed owners.
Councilman Jose Segarra said that after consulting with the city attorney, he recommended tabling discussion of the original resolution item, but his motion failed without a second.
Segarra said the council had engaged in discussion about banning guns “several times” and “we’re here for a reason that has nothing to do with weapons in itself.”
He mentioned former City Councilman Jonathan Okray speaking on the subject of a gun ban when the item wasn’t being talked about by the City Council.
“I don’t carry a gun. I’ve never carried a gun up here,” Segarra said. “But I’m not fearful of anybody because I know we’ve got great police officers that are here.”
The issue came to a head last month when Patsy Bracey brought it up as a citizens’ petition at a City Council meeting.
Okray responded by bringing in a shotgun to the meeting and railing against the City Council about the item’s inclusion on the agenda — despite the fact that it was not a council discussion item.
Two weeks ago, at the next meeting, Okray brought in an assault rifle and was kicked out of the meeting for interrupting.
In an unrelated incident, Okray was arrested last week for allegedly berating 911 operators.
Okray went to the podium to speak during Tuesday’s citizen comments section, noting that he was talking without a script. He became frustrated as he was unable to locate the item he wanted to address on the meeting agenda and ended up yelling at the council before storming out.
When it came time for the council to discuss a vote on the proposed gun ban, Segarra said the item should never have even been discussed.
“The ordinance is already in place. So I don’t need to change the ordinance whatsoever,” he said. “So I don’t know what I need to do to change the discussion.”
Segarra did say, though, that exposing the weapons can be considered “intimidating.”
Councilman Michael Boyd shared emails with the council from residents who were for banning firearms, citing safety reasons and lack of decorum.
“I received text messages, emails from individuals who have concerns about the safety of the meetings through watching them,” Boyd said.
Councilwoman Jessica Gonzalez also shared emails from her constituents, saying banning guns would mitigate intimidation.
“Personally, I just wanted to make my own statement on my own accord,” she said. “I personally feel that banning weapons, open carry specifically in the city chamber, sends a very powerful and symbolic message that the government is committed to peaceful resolution.”
Mayor Pro Tem Nina Cobb made a motion to add metal detectors, having signage and no weapons in the chamber, but it failed without a second.
Boyd clarified that unlicensed carry in the chamber is not allowed.
He said more residents reached out for them to do something as opposed to doing nothing.
Somebody in the crowd yelled an obscenity after this statement, but Mayor Debbie Nash-King couldn’t identify the person who spoke.
CITIZEN COMMENTS
During citizens comments, eight people spoke against the proposed gun ban. Four people spoke in favor of the ban.
The prevailing arguments from those who opposed the ban was that carrying a gun was a constitutional right and, despite some heated rhetoric, nothing has ever happened in the Council Chambers with a gun.
Those opposed to guns in the chamber argued that it was affecting their ability to engage with local government.
Former Councilwoman Mellisa Brown said this was the third time the issue of guns in the chamber has been discussed by the City Council and every time there is heated discussion, but “there has never been any actual violence here.”
There were some murmurs in the crowd after that statement and Nash-King had to step in and tell people to be respectful.
Christina Wright said the First Amendment comes first for a reason. She said she has been the victim of gun violence and said allowing guns in the chamber affects her ability to participate in Killeen’s local government.
“The levels of conflict and people purposefully flaunting and displaying guns to intimidate isn’t right and it does impact citizens,” she said. “ We don’t have a democracy if citizens can’t share their point of view.”
Bill Paquette said that banning guns doesn’t work.
“Yeah it’s gonna get some people a little stirred up,” he said of people who display weapons, “but in all honesty, it’s kind of like a barking dog. That’s not the one that you need to worry about,” he said.
He said he carries a gun because he’s at an age where he can’t defend himself physically.
“I’d like to see a lot less drama around here, but that does not have anything to do with the violence,” he said, adding that he doesn’t believe anybody present would commit violence.
CJ Grisham of Open Carry Texas was one of the few speakers carrying a gun that could be visibly seen.
He said residents who were worried about guns in the chamber were “weak, cowardly people.”
“How many problems have you had in this chamber with firearms? Zero,” he said. “If you do put up those signs, none of you can carry either,” he said, looking at the council members.
Grisham cited a Texas law going into effect Jan. 1, 2025, that would essentially make it illegal to have laws that enforce a gun ban against concealed carriers with permits.
“So you would be breaking the law,” he said, referring to if a comprehensive city gun ban were put into effect.
Local developer Gary Purser said he was a concealed carrier but in favor of a ban on guns in the chambers.
“We have trained professionals here that are qualified to protect us,” Purser said. “I think that it would be mayhem when you take people here — every law doesn’t fit every scenario. Going to the grocery store or Walmart, that’s completely different.”
Donald Baker said nothing has happened with a gun owner in the chambers yet.
“I don’t think my rights should be stopped because somebody is afraid of a gun,” Baker said.
Leo Gukeisen said he feels that banning guns from the chamber would violate his rights.
He said that as a former law enforcement officer and state department employee, “I think I’m fully qualified to carry a firearm. I get background checks every year.”
Ronnie Russell of the Innovation Black Chamber of Commerce, said he served two tours in Iraq and that he went into a defensive posture during Tuesday’s meeting when the rhetoric became heated.
“I shouldn’t have to do that but I’m trained that way,” he said. “I don’t care what certification you have. I don’t care where you been. People are people.”
He advocated putting the proposed ban up for a ballot vote.
Texas law allows for exceptions to the right to carry weapons, including in schools, courts, hospitals and secure areas of an airport, among others.
Private businesses may also ban firearms on the premises, but must display their policies in writing.
Article 46.03 of the Texas penal code states that carrying of firearms may be prohibited “in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter.”
According to Grisham, that article will be revised when the Texas penal code is updated in January 2025.
The cities of Harker Heights and Waco prohibit the carrying of handguns into council meetings.
Copperas Cove and Temple have no restriction on firearms in council chambers.