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

[jason812]

https://www.texasattorneygeneral.gov/op ... &utm_term=

KP-0296
Ken Paxton
Categories
Counties and County Commissioners Courts , Guns and Weapons , Municipalities
Summary

Municipal and county officials may not regulate or restrict the sale of firearms in a local disaster area.

Anybody else catch the municipal and county but left it open for the state to enact such a ban? Or was the state not in the scope of this opinion?

[Pawpaw]

https://www.texasattorneygeneral.gov/op ... &utm_term=

KP-0296
Ken Paxton
Categories
Counties and County Commissioners Courts , Guns and Weapons , Municipalities
Summary

Municipal and county officials may not regulate or restrict the sale of firearms in a local disaster area.

Anybody else catch the municipal and county but left it open for the state to enact such a ban? Or was the state not in the scope of this opinion?

Check out the state constitution, Article 1:

Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

[joe817]

Dustin Burrows is an A-rated Republican and he's on our side. He's wants to get an AG opinion to head off any attempts by Democrats.

Chas.

I have been known to have been infected with the Hoof & Mouth disease. Open mouth and insert foot.

Thanks for straightening me out.

[joe817]

Dustin Burrows is an A-rated Republican and he's on our side. He's wants to get an AG opinion to head off any attempts by Democrats.

Chas.

I have been known to have been infected with the Hoof & Mouth disease. Open mouth and insert foot.

Thanks for straightening me out.

Wow & double wow! I have just read the AG's opinion(thank you for posting the opinion imkopaka!). It took me about 30 minutes to absorb the opinion as my legalese is rudimentary. I found a lot of the opinion expressed in the footnotes. But wow. A strong opinion that expresses our right to keep and bear arms in the event of a State declared emergency. Thank you!

[imkopaka]

I think it's interesting how quickly this opinion was issued. Normally opinions take weeks or months to receive after the request is made. I wonder if it was so rapid this time due to the pressing and time sensitive nature of the issue or because of how easy it was to interpret and explain the law?

[2farnorth]

I think it's interesting how quickly this opinion was issued. Normally opinions take weeks or months to receive after the request is made. I wonder if it was so rapid this time due to the pressing and time sensitive nature of the issue or because of how easy it was to interpret and explain the law?

With no courts in session, maybe they didn't have anything else to do....

[Mike S]

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.

I agree that "use" is included within the discussion portion of the letter, however it goes on to say:

Section 229.001 of the Local Government Code recognizes municipal authority under other law to “regulate the use of firearms, . . . in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety.” TEX. LOC. GOV’T CODE § 229.001(b)(4) (emphasis added). Thus, municipal governments possess limited authority to regulate firearms during a disaster. Id. § 229.001(a). However, the action of using a firearm is distinct from the transfer, ownership, or sale of the firearm, each of which can be accomplished without actual use. Thus, municipal authority to regulate the use of firearms during a disaster does not grant authority to also regulate the transfer, possession, ownership or sale of firearms.

As such, the Summary reads:

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.

Since Rep Burrows asked the specific question regarding "gun retailers being excluded as Essential Businesses" within emergency declarations, the AG answered that specific question. Unfortunately, it reads to me as the AG separated "transfer/possession/ownership/sale" from the "use" of firearms in this opinion letter.

As such, I don't think it's 100% accurate that this AG Opinion Letter includes "gun range operations" as an essential service. I'd argue they are essential services; just not included within this opinion letter.

[Charles L. Cotton]

I wonder if it was so rapid this time due to the pressing and time sensitive nature of the issue or because of how easy it was to interpret and explain the law?

Yes it was time-critical.

Chas.