TexasCHLforum.com

By the way, that link NEEDS to be stickied so as to not get buried!

Keith B wrote:

Dirthawking wrote:

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

It's called preemption. See this link where it states a municipality cannot adopt a law preempting the state law http://www.statutes.legis.state.tx.us/D ... LG.229.htm" onclick="window.open(this.href);return false;

BINGO!! Thank you!! That was exactly what I was looking for!

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIESSUBTITLE A. MUNICIPAL REGULATORY AUTHORITYCHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIESSUBCHAPTER A. REGULATION OF FIREARMS AND EXPLOSIVESSec. 229.001. FIREARMS; 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, ammunition, or firearm supplies; or(2) the discharge of a firearm 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 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 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 by a person other than a person licensed to carry a concealed 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; or(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.(c) The exception provided by Subsection (b)(6) does not apply if the firearm 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 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 or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.(e) In this section, "sport shooting range" has the meaning assigned by Section 250.001.

My understanding is that a city law can always be more restrictive than state law, just not less restrictive. Hence why we have dry counties, speed limit changes, pet restrictions, etc.... Nothing I can find says that they local cities can not be more restrictive.

Keith B wrote:

Dirthawking wrote:Now I know about this:


So I can only assume they posted the sigh because of the meetings advertised on the door. But shouldn't that only count when the meeting is actually going on?

That is correct. They can post a meeting of a government entity, but not other times. However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

I also did some more digging on the city of Lakeside web site, it appears they do in fact hold municipal court in this building once a month.

So that answers that question.

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

Thank you for that, but, it still does not answer the question of can the city be MORE restrictive than the state laws?

Keith B wrote: That is correct. They can post a meeting of a government entity, but not other times.

Again, trying to learn something here. Says who? Where is this in print?

Keith B wrote: However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

This is a very small building. It might have only three rooms to it. I have never seen a police car out front. Most go here to drop off bill payments (water) that they forgot to mail. I think this is where residents also go for permits, but I might be mistaken.

Now I know about this:

§46.035, Texas Penal Code prohibits carrying of handguns and other weapons in certain places. These include but are not limited to:

On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption
On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place
On the premises of a correctional facility
On the premises of a hospital or nursing home (unless licensee has written authorization)
In an amusement park
On the premises of a church, synagogue, or other place of worship
At any meeting of a governmental entity

So I can only assume they posted the sigh because of the meetings advertised on the door. But shouldn't that only count when the meeting is actually going on?

Warning...I am sure I am about to beat a dead horse once again. That being said...

I went to drop off a water bill today at the local "City Hall" building. This was in the town of Lakeside TX (North of Fort Worth).

Now I have heard people say that Government buildings can not be posted 30.06. I am looking for the where and why? This sign does appear valid in every sense of the word.

Here is where I do not understand. Maybe I am wrong, but here is how I have always followed the understanding.

Feds make something law.
State has to follow, but can be more strick, but not less than Federal law.
City has to follow law, but can be even more strick than State and Federal law.

So in a nutshell round about way of asking. Why can't individual cities post their buildings as 30.06 and where does it say that?
Serious question. Trying to learn here.