State emergency..

[ed7232004]

So I saw this on another forum.what if it's state emergency? Such as hurricanes or any disasters that cause state emergency ..does Texas require
us to do anything with the firearms or not? I mean can we still carry or have to leave at home or such? Thanks for the info

[joe817]

I think your answer will be found in the Local Government Code:
Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(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;
(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;

(c)
.
(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.

[TLynnHughes]

That's true at the local level. But under the Texas Government Code, Section 418, once the Governor declares a "state of disaster" he can, according to 418.019, "suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives and combustibles." So have plenty of ammo on hand.

It should be noted that Governor Perry has never ventured onto this particular political landmine. I will say, from my experience, the current climate supports CHL holders even during a state of disaster. After the Katrina debacle when lawfully owned firearms were seized, no elected official really wants to step into that again.

I'm sure Charles has more that he can add to this.

T.

[Crossfire]

2007 Texas Senate Bill 112 addressed this. It specifically prevents the seizure and confiscation of legally-possessed firearms during a state of emergency or natural disaster. 

[TLynnHughes]

2007 Texas Senate Bill 112 addressed this. It specifically prevents the seizure and confiscation of legally-possessed firearms during a state of emergency or natural disaster. 

I knew that something came out after Katrina, but I couldn't remember the bill number. Thanks, Crossfire. FYI, though, if you live in an evacuation zone and need to use one of the buses to evacuate, legally owned or not, you are not supposed to board the bus with a firearm. Most shelters will not allow them either...depends on who's running the shelter though.

T.

[SlowDave]

2007 Texas Senate Bill 112 addressed this. It specifically prevents the seizure and confiscation of legally-possessed firearms during a state of emergency or natural disaster. 

And it passed into law or not? (Can't remember.)

[joe817]

Yes. It passed and is now law:

http://www.legis.state.tx.us/tlodocs/80 ... 00112F.pdf" onclick="window.open(this.href);return false;

http://www.legis.state.tx.us/billlookup ... Bill=SB112" onclick="window.open(this.href);return false;

[wheelgun1958]

That's true at the local level. But under the Texas Government Code, Section 418, once the Governor declares a "state of disaster" he can, according to 418.019, "suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives and combustibles." So have plenty of ammo on hand.T.

And Makers Mark.

[TLynnHughes]

That's true at the local level. But under the Texas Government Code, Section 418, once the Governor declares a "state of disaster" he can, according to 418.019, "suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives and combustibles." So have plenty of ammo on hand.T.

And Makers Mark.

There ya go!