Posted on Mar 28, 2020
States' actions on guns during coronavirus pandemic raises Second Amendment questions, attorneys...
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Posted >1 y ago
Responses: 4
Here in TX we had a few local political hens (yes I know I misspelled it) order gun shops closed as not essential.... That is a clear violation of Texas law, as well as the state has a preemption statue on the books,,, so local municipalities can not make things up at will that go against state law. Representative Dustin Burrows an NRA A-rated Republican on our side and on the 25th sent our AG a "AG Opinion Request RQ-0341-KP Restrict Sale of Guns"
In record time AG Paxton issued his response.....Pound sand....well ok here was the summary
"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."
firearm, ammunition sale, gun range operations are essential services.
https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0296.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
In record time AG Paxton issued his response.....Pound sand....well ok here was the summary
"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."
firearm, ammunition sale, gun range operations are essential services.
https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0296.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
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But SGM it’s an emergency and we can just forget about that old constitution thingy. Besides the police will protect you.
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