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

[ELB]

https://www2.texasattorneygeneral.gov/o ... 0341KP.pdf

Whether section 229.001 of the Local Government Code prohibits municipal or county officials from restricting the sale of firearms through an emergency declaration

[DevilDawg]

Democrats are never going to waste a crisis to restrict an inalienable right. There should be a severe penalty up to and including mandatory 10yrs federal time for anyone willfully violating our rights. Once there is a real pain associated with it the weak will quickly quit trying to do so.

[joe817]

Thanks for posting this ELB. I'll be interested to read his opinion.

They never give up.

[K.Mooneyham]

Yes, I would like to thank you, as well. I wondered if that mess would go without response, since it's patently against state law. Glad to see that it hasn't.

[Charles L. Cotton]

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.

[seph]

Did the AG render an opinion on this? I just received an email from The Range at Austin that they are resuming operations for their retail shop starting tomorrow. They had been shut down for the shelter in place order here in Travis county.

[Charles L. Cotton]

Did the AG render an opinion on this? I just received an email from The Range at Austin that they are resuming operations for their retail shop starting tomorrow. They had been shut down for the shelter in place order here in Travis county.

No, it was just requested yesterday.

Chas.

[E.Marquez]

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.

THANK YOU, I was confused for sure on the reasoning and more so why Dustin Burrows specifically would make this request.

I can only assume he followed the statement of lore us non lawyers hear often from TV and movie lawyers "Never ask a question you don't already know the answer to"
Of note, I dont watch TV much...but the anilage sort works anyway.

[rtschl]

And this is why the opinion is needed: Should gun shops be considered ‘essential’ businesses? Not all Texas counties agree.
https://www.star-telegram.com/news/coro ... 96341.html

Seeing it in other states and lefties will push it here.

[E10]

Another example of (mostly, but not all, Democrat) politicians ignoring laws that don't support their agenda. Both El Paso city and county leaders omitted gun stores from their list of "Essential Business" entities, I suspect deliberately. I heard a report that Sheriff's deputies actively closed at least one gun shop which opened Wednesday, after the Stay-at-Home order deadline. Yesterday I emailed highlighted copies of Local Government Code Chapter 229 to the El Paso mayor and City Council representatives and Chapter 236 to the El Paso County judge and county commissioners. Both prohibit any local government action which restricts "manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition...."

Why does it take an opinion from the Attorney General to interpret plain English?!

[imkopaka]

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.

[oljames3]

I particularly enjoyed the phrase "The statutes’ unambiguous words disclose the Legislature’s intent: "

As has been said before, we should not have to have an AG opinion to interpret the plain meaning of the law. However, we all must keep in mind that the law does not necessarily mean what we think it means. How the law applies to us is also informed by court decisions (case law) and jury instructions.

All y'all stay safe.

[dhoobler]

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.

[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...

[Flightmare]

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.