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Are Gun Stores Essential? |
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Chris Farris
TEAM SWFA - Admin swfa.com Joined: October/01/2003 Location: Texas Status: Offline Points: 8024 |
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Posted: March/25/2020 at 13:04 |
State Representative
Requests Opinion from Texas Attorney General on Exclusion of Gun Manufacturers
& Retailers as "Essential Businesses" in Local Emergency Orders
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Chris Farris
TEAM SWFA - Admin swfa.com Joined: October/01/2003 Location: Texas Status: Offline Points: 8024 |
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The Honorable Ken Paxton
Texas Attorney General 300 W. 15th Street
Austin, TX 78701 Dear General Paxton: STATE OF TEXAS
HOUSE OF REPRESENTATIVES DUSTIN BURROWS District 83 March 24, 2020 512-463-0542 FaX: 512-463 -0671 This letter serves as a formal request of your opinion regarding the sales of firearms in Texas
municipalities and counties, specifically, whether or not city and or county officials can prohibit
the sales of firearms by an emergency declaration, issued under the "Texas Disaster Act" of
1975, and which excludes firearms retailers as "essential businesses".
Below is Texas' state firearms preemption law restricting city and county authority to regulate
firearms. It does not appear that cities or counties have the authority to restrict the transfer of
firearms, even during a natural disaster. None of the city or county orders which have been
issued thus far have designated firearms manufacturers, firearms retailers or shooting ranges as
"essential businesses". LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED
ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES. (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, 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. (a-1) An ordinance, resolution, rule, or policy adopted or enforced by a municipality, or an
official action, including in any legislative, police power, or proprietary capacity, taken by an
employee or agent of a municipality in violation of this section is void.
(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 or air guns within the limits of the municipality, other than
at a sport shooting range;
(3) except as provided by Subsection (b-1 ), adopt or enforce a generally applicable zoning
ordinance, land use regulation, fire code, or business ordinance; ( 4) regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural
disaster if the municipality finds the regulations necessary to protect public health and safety; Thank you for your opinion on this matter. I look forward to your response. Sincerely, Dustin R. Burrows Chair, Ways and Means Committee
Edited by Chris Farris - March/25/2020 at 14:34 |
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mike650
Optics God Joined: May/14/2006 Location: West of Rockies Status: Online Points: 14569 |
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Wolf Reopens Gun Shops, Orders More Residents to Stay Home
Gov. Tom Wolf is quietly allowing gun shops to reopen on a limited basis during the coronavirus pandemic after several justices of the Pennsylvania Supreme Court urged him to do so. |
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“A hunt based only on trophies taken falls far short of what the ultimate goal should be.” – Fred Bear
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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ours are Open and doing well here!
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take em!
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Son of Ed
Chuck Norris Joined: June/18/2011 Location: TEXAS Status: Online Points: 122203 |
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Eduardo is still waiting for a 50% off sale......
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Visit the Ed Show
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Sgt. D
Optics Master Extraordinaire Joined: February/20/2008 Location: North Carolina Status: Offline Points: 4525 |
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Eduardo is still waiting for a 50% off sale...... Yea!! Try to buy any bulk ammo.............It has almost doubled. Got a e-mail from a distributor an hour ago. .223 available Winchester 55gr 1000rds 400.00. Checked it out 15 minutes after, Sold out!!! |
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Take care of Soldiers, Show em how its done and do it with em, Run to the Fight & and hold your ground! I die my men go home! If you're a NCO and this ain't you. GET OUT! GOD BLESS AMERICA!
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Son of Ed
Chuck Norris Joined: June/18/2011 Location: TEXAS Status: Online Points: 122203 |
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Well, Eduardo will just have to kill everybody with what he's got......
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Visit the Ed Show
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BeltFed
Optics Retard Joined: February/12/2008 Location: Ky Status: Offline Points: 22287 |
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Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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wonder how bad it is in NYC.....dumbasses won't stay home!
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take em!
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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Actually... $400 is not that bad... that's $8.00 per box of 20, which is normal price here. The local shops had their Spring sales and you could get .223 for $5.97/20... But you couldn't get 1000 rounds at that price! others had it for $6.29.... again, there was a limit.
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take em!
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Sgt. D
Optics Master Extraordinaire Joined: February/20/2008 Location: North Carolina Status: Offline Points: 4525 |
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True, but I'm talking wholesale to dealers. And there are individuals selling off surplus at double or more. My concern is we are being played big time. Everybody is preparing for direct or enforced take over. They (dumocrates) are plotting numerous ways of non-confrontational submission. Don't think they care anymore about how well armed anyone is. They certainly have seen how everybody responds to any suggestion of a gun grab. I know they are arrogant and do some really dumb things but, they all are not stupid. If they can get the majority to submit and comply all those arms and ammo are of no consequence.
Salute!
Edited by Sgt. D - March/26/2020 at 10:26 |
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Take care of Soldiers, Show em how its done and do it with em, Run to the Fight & and hold your ground! I die my men go home! If you're a NCO and this ain't you. GET OUT! GOD BLESS AMERICA!
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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Ah... got ya
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take em!
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Chris Farris
TEAM SWFA - Admin swfa.com Joined: October/01/2003 Location: Texas Status: Offline Points: 8024 |
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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=
The Honorable Dustin Burrows - Page 4 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. Very truly yours, KEN PAXTON Attorney General of Texas
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Son of Ed
Chuck Norris Joined: June/18/2011 Location: TEXAS Status: Online Points: 122203 |
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That's too confusing for me....I'm just going to shoot everybody that pisses me off.....
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Visit the Ed Show
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Kickboxer
MODERATOR Moderator Joined: February/13/2008 Status: Offline Points: 23679 |
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Gun stores in Alabama will remain open... no issues.
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Opinion,untempered by fact,is ignorance.
There are some who do not fear death... for they are more afraid of not really living |
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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KB... my nephew in Birmingham said Gov'na closed sporting good st0res... what say you?
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take em!
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Kickboxer
MODERATOR Moderator Joined: February/13/2008 Status: Offline Points: 23679 |
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Some sporting goods stores are closed, some are not... no surprise "dick's" is listed as closed. Academy's hours are reduced for cleaning/sanitizing, but they are open. Actual "gun stores" appear to be open... I've not found one closed yet in the greater Huntsville, Al area (except normal closure hours), but I've only checked a couple.
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Opinion,untempered by fact,is ignorance.
There are some who do not fear death... for they are more afraid of not really living |
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Tip69
Optics Master Extraordinaire Tip Stick Joined: September/27/2005 Location: Nebraska Status: Offline Points: 4155 |
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Thanks KB
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take em!
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BeltFed
Optics Retard Joined: February/12/2008 Location: Ky Status: Offline Points: 22287 |
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I heard yesterday that trump has declared the firearms industry essential and can stay open. Knob Creek Range is staying open, but are practicing social distancing. There is another popular gun shop close to the Port that has closed down volantarily, but it's a small shop with big inventory, and the employee's were concerned.
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Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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RifleDude
MODERATOR EVIL OPPRESSOR Joined: October/13/2006 Location: Texas Status: Offline Points: 16337 |
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Yes.
Pandemic or not, the answer remains the same.
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Ted
Money can't buy happiness... but it's much more comfortable to cry in a Porsche than on a bicycle. |
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