HB 3231 - County and City Regulations relating to Firearms etc.

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Papa_Tiger
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HB 3231 - County and City Regulations relating to Firearms etc.

#1

Post by Papa_Tiger » Tue Mar 05, 2019 10:58 pm

https://capitol.texas.gov/BillLookup/Hi ... ill=HB3231

Counties and cities may not:
Create or enforce regulations or ordinances pertaining to the possession, carrying or storage of firearms, ammo or firearms accessories
Regulate the carrying of firearms by an LTC holder
Prohibit certain employees from carrying a firearm if licensed

Provides a private cause of action against the entity violating the statute.


jordanmills
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Re: HB 3231 - County and City Regulations relating to Firearms etc.

#2

Post by jordanmills » Sat Mar 09, 2019 12:00 am

Which certain employees? I wasn't able to find the reference, but need to look up closer.

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joe817
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Re: HB 3231 - County and City Regulations relating to Firearms etc.

#3

Post by joe817 » Sat Mar 09, 2019 12:00 pm

How does this differ from the law we currently have in place?

LGC §229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES.
(a) Notwithstanding any other law, including Section 43.002 of this code and
Chapter 251, Agriculture Code, a municipality may not adopt regulations relating
to:

(1) the transfer, private ownership, keeping, transportation, licensing, or
registration of firearms, air guns, knives, ammunition, or firearm or air gun
supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another
law to:
(1) require residents or public employees to be armed for personal or national
defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms or air guns within the limits of the
municipality, other than at a sport shooting range;
(3) regulate the use of property, the location of a business, or uses at a
business under the municipality’s fire code, zoning ordinance, or land-use
regulations as long as the code, ordinance, or regulations are not used to
circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms, air guns, or knives in the case of an
insurrection, riot, or natural disaster if the municipality finds the regulations
necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health
and safety, except that 25 pounds or less of black powder for each private
residence and 50 pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of a firearm or air gun by a person other than a
person licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event;
(7) regulate the hours of operation of a sport shooting range, except that
the hours of operation may not be more limited than the least limited hours
of operation of any other business in the municipality other than a business
permitted or licensed to sell or serve alcoholic beverages for on-premises
consumption; or
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the property owner.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm or
air gun is in or is carried to or from an area designated for use in a lawful hunting,
fishing, or other sporting event and the firearm or air gun is of the type commonly
used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure
or confiscation of any firearm, air gun, knife, or ammunition from an individual
who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
(e) In this section:
(1) “Air gun” means any gun that discharges a pellet, BB, or paintball by
means of compressed air, gas propellant, or a spring.
(2) “Knife” has the meaning assigned by Section 46.01, Penal Code.
(3) “Sport shooting range” has the meaning assigned by Section 250.001.
(f) The attorney general may bring an action in the name of the state to obtain a
temporary or permanent injunction against a municipality adopting a regulation in
violation of this section.
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Last amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B
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CJD
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Re: HB 3231 - County and City Regulations relating to Firearms etc.

#4

Post by CJD » Thu Mar 14, 2019 11:29 pm

The biggest thing is it seems to create a private cause of action, whereas now the law has no teeth. Secondarily, it seems to just be more specific so that violations seem more deliberate rather than inadvertent.

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