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by Flightmare
Fri Mar 27, 2020 5:33 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: AG Opinion Request RQ-0341-KP Restrict Sale of Guns
Replies: 22
Views: 11817

Re: AG Opinion Request RQ-0341-KP Restrict Sale of Guns

Mike S wrote: Fri Mar 27, 2020 3:47 pm
imkopaka wrote: Fri Mar 27, 2020 12:04 pm Opinion issued: firearm, ammunition sale, gun range operations are essential services.
SUMMARY
Subsections 229.001(a) and 236.002(a) of the Local
Government Code prohibit a municipality or county from adopting
regulations related to the transfer, possession, or ownership of
firearms, or commerce in firearms. These provisions apply to
municipal and county regulation “notwithstanding any other law.”
Thus, while municipal and county officials possess general
emergency authority to control the movement of persons and the
occupancy of premises in a local disaster area under Government
Code section 418.108, such orders may not regulate or restrict the
sale of firearms.
The title of your hyperlink implies that "gun range operations" are included within the AG's Opinion as Essential Services. As much as I'd like that to be true (and I believe it should be), I do not see that within this opinion letter. As I understand the AGs Opinion, it only states that possession, ownership, & sale of firearms cannot be restricted. It does not include 'use of firearms', which this letter seems to say 'may be' regulated during a disaster.

PLEASE, someone prove me wrong...
Notwithstanding any other law, . . . a municipality may not adopt regulations relating to:
(1) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories;
(2) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or
(3) the discharge of a firearm or air gun at a sport shooting range.
Seems to me that the opinion specifically includes ranges.

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