TX Attorney General Opinion on municipal regulation of gun sales

Gun, shooting and equipment discussions unrelated to CHL issues

Moderator: carlson1

Post Reply
User avatar

Topic author
ELB
Senior Member
Posts in topic: 4
Posts: 7407
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

TX Attorney General Opinion on municipal regulation of gun sales

#1

Post by ELB » Tue May 28, 2019 12:46 pm

Back in February Senator Donna Campbell asked the AG for his opinion on the legality of Texas cities trying to implement gun control through zoning laws. I think I made a post on that, but I cannot find it at the moment.

In particular she referenced Galveston, which has passed regulations forbidding the locating of "gun shops" within 200 feet of places of worship, parks, or schools. Additionally Galveston has implemented noise regulations against gun ranges -- only gun ranges -- that require them to keep the decibel level at whatever the level the previously existing usage was.

San Antonio is proposing (or may have passed by this time, I don't know) prohibitions selling firearms and ammunition within 1000 feet of churches and schools, (pretty much the entire city), and requiring businesses that do sell guns and ammo and manage to dodge the 1000' restriction to locate only in "high density" (which I read as "very expensive/high rent overhead"} areas of the city.

She also asked what actions may be taken against cities that implement such regulations in violation of state or federal law.

Senator Campbell's request is here: https://www2.texasattorneygeneral.gov/o ... 0269KP.pdf

The AG has just issued his opinion here: https://www2.texasattorneygeneral.gov/o ... kp0252.pdf

The Summary from the opinion:
SUMMARY

Subsection 229.00I(a)(l) of the Local Government Code prohibits a municipality from regulating the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies. Subsection 229.001(b)(3) excepts from this prohibition a municipality's regulation on the use of property or businesses and the location of businesses as long as the regulation does not circumvent the intent of subsection (a)(l). A regulation that expressly prohibits gun stores from operating in a specific area relates to the transfer of firearms and is prohibited by subsection 229.00I(a)(l). Similarly, an ordinance singling out firearm and ammunition sales relates to the transfer of firearms and is therefore prohibited.

A court would likely conclude subsection 229.00I(a)(l)'s prohibition encompasses any one or more of the listed items. To the extent a municipality regulates firearm transfers but not also licensing, registration, or transportation of firearms, it acts contrary to subsection 229.00l(a)(l).
A violation of section 229.001 may be enforced by the Attorney General. Any plaintiff with standing under the Texas Constitution or the U.S. Constitution could bring an action seeking declaratory or injunctive relief against enforcement of an unconstitutional ordinance. Individual city council members who voted on a zoning provision that is ultimately found to violate section 229.001 or the Texas or the U.S. Constitution would likely be immune from personal liability.
USAF 1982-2005
____________
“The only thing more enjoyable than seeing your opponent lose an election they rigged is seeing them lose an investigation they rigged.” Author unknown but dead on the mark.


crazy2medic
Senior Member
Posts in topic: 1
Posts: 1745
Joined: Sun Nov 08, 2015 9:59 am

Re: TX Attorney General Opinion on municipal regulation of gun sales

#2

Post by crazy2medic » Tue May 28, 2019 1:16 pm

I'm not very good at reading legalese, but if I understand this the AG told them No!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker

User avatar

Topic author
ELB
Senior Member
Posts in topic: 4
Posts: 7407
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: TX Attorney General Opinion on municipal regulation of gun sales

#3

Post by ELB » Tue May 28, 2019 2:35 pm

crazy2medic wrote:
Tue May 28, 2019 1:16 pm
I'm not very good at reading legalese, but if I understand this the AG told them No!
He did, but if they do, someone may have to sue them to make them walk back the rules. However individual city council members probably cannot be held personally responsible for violating the state law.

As I also understand it (and I could very well be wrong) he is saying that a gun business can be regulated like any other business, but it cannot be singled out because it handles guns. A city presumably could forbid all businesses within 1000 feet of a school -- thus a gun business could not set up shop -- but the city cannot forbid a business on the basis that it handles firearms.
USAF 1982-2005
____________
“The only thing more enjoyable than seeing your opponent lose an election they rigged is seeing them lose an investigation they rigged.” Author unknown but dead on the mark.

User avatar

Topic author
ELB
Senior Member
Posts in topic: 4
Posts: 7407
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: TX Attorney General Opinion on municipal regulation of gun sales

#4

Post by ELB » Fri Jan 24, 2020 3:39 pm

Aggie_engr posted this story over in another thread about Waller County, but since it pertains directly to this thread and ties up the story very neatly, I will put it here as well:

Galveston repeals gun regulations after AG’s letter
USAF 1982-2005
____________
“The only thing more enjoyable than seeing your opponent lose an election they rigged is seeing them lose an investigation they rigged.” Author unknown but dead on the mark.

User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 25508
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: TX Attorney General Opinion on municipal regulation of gun sales

#5

Post by The Annoyed Man » Fri Jan 24, 2020 4:33 pm

ELB wrote:
Fri Jan 24, 2020 3:39 pm
Aggie_engr posted this story over in another thread about Waller County, but since it pertains directly to this thread and ties up the story very neatly, I will put it here as well:

Galveston repeals gun regulations after AG’s letter
Quoting that article:
“For them to be able to tell us from Austin that in Galveston the citizens can’t decide where they want to have a gun range or that they don’t want a gun range next door to their schools is amazingly outrageous.”
I have no direct knowledge of this, but what are the odds that the affected ranges and gun stores were there first?
Give me Liberty, or I'll get up and get it myself.—Hookalakah Meshobbab
I don't carry because of the odds, I carry because of the stakes.—The Annoyed Boy
My dream is to have lived my life so well that future generations of leftists will demand my name be removed from buildings.

User avatar

Topic author
ELB
Senior Member
Posts in topic: 4
Posts: 7407
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: TX Attorney General Opinion on municipal regulation of gun sales

#6

Post by ELB » Fri Jan 24, 2020 6:25 pm

The Annoyed Man wrote:
Fri Jan 24, 2020 4:33 pm


Quoting that article:
“For them to be able to tell us from Austin that in Galveston the citizens can’t decide where they want to have a gun range or that they don’t want a gun range next door to their schools is amazingly outrageous.”
I have no direct knowledge of this, but what are the odds that the affected ranges and gun stores were there first?
I don't think (but might be wrong) there were any pre-existing GRs or GSs, it was mostly a "virtue-signaling" tantrum by the cities (Galveston and San Antonio) after the last of the sane politicians had been swept from office. An unfortunate side effect of the Trump victory was that majority Democratic areas voted en bloc for Dems and against Republicans, even Republicans that had been in office for years prior.
USAF 1982-2005
____________
“The only thing more enjoyable than seeing your opponent lose an election they rigged is seeing them lose an investigation they rigged.” Author unknown but dead on the mark.


LDP
Senior Member
Posts in topic: 1
Posts: 541
Joined: Sun Dec 23, 2018 6:15 pm

Re: TX Attorney General Opinion on municipal regulation of gun sales

#7

Post by LDP » Tue Jan 28, 2020 3:00 pm

"They have tied our hands," Cole said. "The financial hit for a legal battle on these grounds is more than the city would be able to do."
But I bet bigger libtard cities will be more than willing to waste their taxpayer money fighting for their unlawful ordinances. SAT or AUS come to mind immediately.
Stay tuned ...


Rob72
Senior Member
Posts in topic: 2
Posts: 433
Joined: Tue Jan 02, 2018 10:08 am
Location: Gulf Coast

Re: TX Attorney General Opinion on municipal regulation of gun sales

#8

Post by Rob72 » Tue Jan 28, 2020 3:19 pm

There is 1 gun range (private) on the island. It has been here a good while, and they host various competitions. I haven't ante-ed up the membership yet, but I have no problem with it, given the "protected wildlife/refuge areas" in the immediate area. To have the range in spite of the EPA and preservationists is phenomenal.

Academy is pretty much the only serious retailer on-island, although there have been a couple of attempts. I feel for the small guys, but unless you build an indoor range, and have something other than guns on the shelf, it would be a hard thing to keep afloat.

I don't see any particular benefit to the AG's decision, for Galveston, although I do support it. I can't see much retail space that would be cheaper/better suited to firearm sales being opened up, simply by clearing the proximity clause.


Soccerdad1995
Senior Member
Posts in topic: 1
Posts: 3903
Joined: Mon Jan 04, 2016 8:03 pm

Re: TX Attorney General Opinion on municipal regulation of gun sales

#9

Post by Soccerdad1995 » Tue Jan 28, 2020 3:27 pm

Rob72 wrote:
Tue Jan 28, 2020 3:19 pm
There is 1 gun range (private) on the island. It has been here a good while, and they host various competitions. I haven't ante-ed up the membership yet, but I have no problem with it, given the "protected wildlife/refuge areas" in the immediate area. To have the range in spite of the EPA and preservationists is phenomenal.

Academy is pretty much the only serious retailer on-island, although there have been a couple of attempts. I feel for the small guys, but unless you build an indoor range, and have something other than guns on the shelf, it would be a hard thing to keep afloat.

I don't see any particular benefit to the AG's decision, for Galveston, although I do support it. I can't see much retail space that would be cheaper/better suited to firearm sales being opened up, simply by clearing the proximity clause.
I have been to that range once for an IDPA competition and it is a truly beautiful setting. Odd layout of the bays for competition though given its small size (you are shooting at a berm with another bay directly behind the berm, if I remember correctly).
Ding dong, the witch is dead


Rob72
Senior Member
Posts in topic: 2
Posts: 433
Joined: Tue Jan 02, 2018 10:08 am
Location: Gulf Coast

Re: TX Attorney General Opinion on municipal regulation of gun sales

#10

Post by Rob72 » Tue Jan 28, 2020 5:04 pm

Soccerdad1995 wrote:
Tue Jan 28, 2020 3:27 pm
Rob72 wrote:
Tue Jan 28, 2020 3:19 pm
There is 1 gun range (private) on the island. It has been here a good while, and they host various competitions. I haven't ante-ed up the membership yet, but I have no problem with it, given the "protected wildlife/refuge areas" in the immediate area. To have the range in spite of the EPA and preservationists is phenomenal.

Academy is pretty much the only serious retailer on-island, although there have been a couple of attempts. I feel for the small guys, but unless you build an indoor range, and have something other than guns on the shelf, it would be a hard thing to keep afloat.

I don't see any particular benefit to the AG's decision, for Galveston, although I do support it. I can't see much retail space that would be cheaper/better suited to firearm sales being opened up, simply by clearing the proximity clause.
I have been to that range once for an IDPA competition and it is a truly beautiful setting. Odd layout of the bays for competition though given its small size (you are shooting at a berm with another bay directly behind the berm, if I remember correctly).
:biggrinjester: Another one of those things where I'm sure someone would say, "Hey, it's Galveston...!"

User avatar

puma guy
Senior Member
Posts in topic: 1
Posts: 6274
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: TX Attorney General Opinion on municipal regulation of gun sales

#11

Post by puma guy » Mon Feb 03, 2020 1:18 am

Rob72 wrote:
Tue Jan 28, 2020 3:19 pm
There is 1 gun range (private) on the island. It has been here a good while, and they host various competitions. I haven't ante-ed up the membership yet, but I have no problem with it, given the "protected wildlife/refuge areas" in the immediate area. To have the range in spite of the EPA and preservationists is phenomenal.

Academy is pretty much the only serious retailer on-island, although there have been a couple of attempts. I feel for the small guys, but unless you build an indoor range, and have something other than guns on the shelf, it would be a hard thing to keep afloat.

I don't see any particular benefit to the AG's decision, for Galveston, although I do support it. I can't see much retail space that would be cheaper/better suited to firearm sales being opened up, simply by clearing the proximity clause.
I remember Captain Bubbie's! Right on Broadway and probably close to a church or two or three. I don't know if any schools were close. Just shows you how liberal influence moves in.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!

Post Reply

Return to “General Gun, Shooting & Equipment Discussion”