Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Texas: Attorney General Ken Paxton Issues Key Opinion on State Firearms Preemption Law

Friday, May 31, 2019

Texas: Attorney General Ken Paxton Issues Key Opinion on State Firearms Preemption Law

On Friday, May 24, Attorney General Ken Paxton issued an important opinion clarifying Texas’ State Firearms Preemption Law.

Back in February, State Senator Donna Campbell (R-SD 25) -- whose district includes part of San Antonio -- requested an opinion from the Attorney General on three potential ordinances that a committee of the San Antonio City Council had begun studying last fall.  Her request asked whether the Section 229.001 of the Texas Local Government Code (otherwise known as the state firearms preemption law) preempted a city from enacting regulations that (1) prohibit firearm and ammunition sales within 1,000 feet of any school or church; (2) restrict the location of a business that sells guns or ammunition to the highest-density commercial areas; and (3) prohibit gun stores from locating within 200 feet of schools, public parks or places of worship.

General Paxton ruled that the proposed regulations prohibit or restrict a business or business location solely because the business involves the sale of firearms and ammunition, and a regulation which expressly identifies and prohibits gun stores from operating in a specific area is prohibited by the state firearms preemption law.  Also, an ordinance that singles out firearms and ammunition sales is similarly prohibited.  Lastly, he ruled that a violation of Section 229.001 of the Local Government Code may be enforced by the Attorney General and any plaintiff with standing under the Texas Constitution or U.S. Constitution could bring an action seeking declaratory or injunctive relief against enforcement of such an illegal ordinance. 

NRA-ILA applauds General Paxton's ruling and thanks Senator Campbell and her staff for their diligent work on the opinion request.  This important opinion affirms the intent and application of the state's firearms preemption law, an important safeguard to ensure uniformity of gun laws and to prevent cities from enacting arbitrary local restrictions that would result in a patchwork of confusing and conflicting regulations across Texas.

 

IN THIS ARTICLE
Texas Firearms Preemption
TRENDING NOW
Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.