The Texas Attorney General’s Office opened an investigation after two residents claimed Lubbock County has an illegal policy on firearms in the courthouse.

Dr. James Baxa and Traci Baxa wrote a complaint to Lubbock County Sheriff Kelly Rowe and Lubbock County Judge Tom Head on August 28. They claimed they were made to disarm before entering the courthouse.

They also claim that state law only allows the county to prohibit firearms in court, or court offices. On September 14, Assistant Attorney General Matthew R. Entsminger wrote Lubbock County to say the situation was under review.

An open records request did not reveal the contents of the Baxas’ complaint to the Texas Attorney General, but it did reveal their complaint to the sheriff and county judge.

The Baxas wrote, “We brought our children to the courthouse today to renew passports.”

“We were not entering a courtroom or entering any office utilized by a court,” they wrote. “But we were still required to disarm by the illegal policy of Lubbock County.”

“This policy put our family in danger as we walked through a dangerous part of town with several young children while having to leave our handguns behind,” the Baxas said.

In order to respond to the Office of Attorney General (OAG), the county employed a lawyer in Austin. The county’s Austin lawyer wrote that according to state law, guns can be prohibited not only in the courtroom, but also in “the premises of a government court.”

On September 24, Lubbock County Commissioners approved a declaration that the courthouse is a premise of governmental courts.

The declaration was signed by the county judge, magistrates, justices of the peace, associate judges, county court at law judges, and district court judges.

Lubbock County’s response to the OAG also said, “Finally, the courts consulted with the Lubbock County Sheriff and recognized that ‘there is no feasible way to secure the elevators, stairwells, restrooms, hallways, lobbies, and vestibules of the governmental courts and/or offices utilized by the courts without securing the entire building, such security being necessary for the safety of jurors, litigants, court personnel, inmates, and concerned citizens wanting access to those government courts.’”

In other words, Lubbock County says the entire building is used by various courts and therefore guns can be restricted in the entire courthouse.

On Monday, Baxa said, “If you look at the state capitol down in Austin, where the governor is, where the lieutenant governor is, where the state legislature is, we’re allowed to carry guns there.”

Baxa said other counties have been the subject of a formal review by OAG. He said they have been ordered to change policy or else face fines by the state.

“I expect that same thing to happen with Lubbock County,” Baxa said. “Our situation is identical to other counties that have already been through this.”

County Commissioner Bill McCay said, “Some folks believe it’s ambiguous and some folks think it’s very clear what can be done.”

McCay said commissioners don’t have the final say. But he did want to point out one specific exception in state law.

“This is the Lubbock County Courthouse. It’s not the Lubbock County governmental office building. But this is a building full of courts,” McCay said.

The matter remains pending before the OAG. The OAG refused to comment for this story.