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HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 12:17 pm
by ELB
I hadn't seen this earlier, found no mention of it on the forum under "HB905" nor "HB 905".

It appears to pre-empt local government regulation of knives by amending the Local Government Code.

Specifically, it adds knives to the following:
Sections 229.001(a), (b), (d), and (e), Local Government Code, are amended to read as follows:
(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;
Best of all, it has been voted out of the House Homeland Security and Public Safety Committee on a 9-0 vote, and has been placed on the Local and Consent Calendar. IIRC, the Local and Consent Calendar is where bills are placed that are expected to not be controversial and will easily pass the House on a floor vote.

This is not of the magnitude of some other bills, but it is very welcome.

Yay.

There is no Senate companion listed, I hope it gets voted through quickly so the Senate can pass it as well. The Senate has a Global Pre-emption bill, SB 343, but it does not appear to be moving. It was assigned to the Senate State Affairs Committee on 2/2 and appears nothing has happened since.

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 12:36 pm
by Maxwell
So would this counteract San Antonio's laws against carrying locking blade knives?

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 12:49 pm
by joe817
Great news ELB! Thanks for posting! I knew there must be a bill like this floating out there somewhere, but couldn't find it. I'm surprised it's not on TFC's listing of bills.

This will be a very much welcomed bill indeed.

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 1:08 pm
by mr1337
I watched the testimony on this one, and there was some great testimony. Some people even had pictures of what is and is not legal in certain cities. Most people traveling through an area don't know local ordinances, so there could be thousands of people violating those ordinances every day without even knowing it.

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 1:09 pm
by ELB
Maxwell wrote:So would this counteract San Antonio's laws against carrying locking blade knives?
Yes, I believe so.

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 3:14 pm
by AJSully421
How about adding Knives, Stun Guns, Air Rifles, BB Guns, Batons, Texting Bans, Rabid Squirrels... or anything else you anti-freedom nanny liberals!

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 3:42 pm
by Maxwell
"Why yes Officer that is a rabid squirrel, but I am glad to see you..." :rolll

Re: HB905 Knife pre-emption

Posted: Wed Apr 01, 2015 5:08 pm
by ELB
AJSully421 wrote:How about adding Knives, Stun Guns, Air Rifles, BB Guns, Batons, Texting Bans, Rabid Squirrels... or anything else you anti-freedom nanny liberals!
There is another bill that includes illegal knives, personal defense sprays, and electronic taser-like gizmos, but I don't think it's going anywhere. You could try to get your rep to add amendments for the squirrels I guess. :mrgreen:

Re: HB905 Knife pre-emption

Posted: Thu Apr 02, 2015 9:52 am
by Jason K
AJSully421 wrote:How about adding Knives, Stun Guns, Air Rifles, BB Guns, Batons, Texting Bans, Rabid Squirrels... or anything else you anti-freedom nanny liberals!
What about moderately irate squirrels?.....are those still legal?

Re: HB905 Knife pre-emption

Posted: Thu Apr 02, 2015 10:40 am
by WildBill
ELB wrote:I hadn't seen this earlier, found no mention of it on the forum under "HB905" nor "HB 905".

It appears to pre-empt local government regulation of knives by amending the Local Government Code.

Specifically, it adds knives to the following:
Sections 229.001(a), (b), (d), and (e), Local Government Code, are amended to read as follows:
(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;
Yay.
:iagree:

Re: HB905 Knife pre-emption

Posted: Wed May 06, 2015 10:08 am
by joe817
HB 905 passed to engrossment yesterday, 05/05/15 at 7:13 pm.

http://www.capitol.state.tx.us/BillLook ... 05#vote111" onclick="window.open(this.href);return false;

"C.S.H.B. 905 amends the Local Government Code to prohibit a municipality or county from adopting regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of knives. The bill prohibits a municipality or county from enforcing a regulation adopted by the municipality or county before the bill's effective date that relates to knives if the adoption of the regulation would be prohibited under the bill's provisions. The bill requires a court in which a proceeding is pending for a violation of such a regulation to dismiss the proceeding."

Now this has to get through the Senate. It's a good bill. :thumbs2: