Preemption Law

[MR Redneck]

As we all know, Texas gun laws are preemption law.
I recently found out that the San Antonio City Council made a City Ordinance banning loaded rifles inside of vehicles on San Antonio city streets.
This doesnt seem like a good idea to enforce when Texas rifles laws fall under preemption law. What good would my 12 gauge be if it were unloaded?

[Fangs]

An illegal club?

[10Shooter]

Seems like it will be hard to enforce.

"Since preemption laws prevent local jurisdictions from imposing ordinances more restrictive than laws passed by the state legislature and, in some cases, rescind local ordinances to ensure uniform firearm laws statewide." http://www.nraila.org/Issues/FactSheets/Read.aspx?id=48

[Crossfire]

You have a 12 guage rifle??

[dicion]

You have a 12 guage rifle??

Wouldn't a 12ga shotgun, with a rifled barrel, and saboted slugs technically actually be a 'rifle' under BATF Classification?

I dunno.. just a thought XD

Edit: From the BATF's Website:

2.1.1 Shotgun A shotgun is a firearm designed to be fired from the shoulder and designed to use the
energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of
projectiles or a single projectile for each pull of the trigger.

2.1.3 Rifle. A rifle is a firearm designed to be fired from the shoulder and designed to use the energy of
an explosive in a fixed cartridge to fire only a single projectile through a rifled barrel for each single pull
of the trigger.

So yes, I think if you add the Rifled Barrel & the Slug, it becomes a 12ga rifle XD




But back to the OP, as said above, they can make all the local laws and ordinances they want. They're unenforceable due to statewide preemption.
In the past, when people have pursued it, some local councils have been quite receptive, and have removed the ordinances from the books.

[MR Redneck]

Shotguns and rifles fall under the same Texas Law, Long guns..
No Restriction..

[ScottDLS]

You have a 12 guage rifle??

Wouldn't a 12ga shotgun, with a rifled barrel, and saboted slugs technically actually be a 'rifle' under BATF Classification?

I dunno.. just a thought XD

Edit: From the BATF's Website:

2.1.1 Shotgun A shotgun is a firearm designed to be fired from the shoulder and designed to use the
energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of
projectiles or a single projectile for each pull of the trigger.

2.1.3 Rifle. A rifle is a firearm designed to be fired from the shoulder and designed to use the energy of
an explosive in a fixed cartridge to fire only a single projectile through a rifled barrel for each single pull
of the trigger.

So yes, I think if you add the Rifled Barrel & the Slug, it becomes a 12ga rifle XD




But back to the OP, as said above, they can make all the local laws and ordinances they want. They're unenforceable due to statewide preemption.
In the past, when people have pursued it, some local councils have been quite receptive, and have removed the ordinances from the books.

I believe a 12ga rifle would be a "Destructive Device" under BATF rules...

[dicion]

I believe a 12ga rifle would be a "Destructive Device" under BATF rules...

Hmm.. interesting point

2.1.8 Destructive device. The destructive device definition contains different categories that address
specific types of munitions. Each category describes the devices subject to the definition based on the
material contained in the item, the dimensions of the bore of certain weapons, and a combination of
parts for use in converting the described items into destructive devices.
2.1.8.2 Large caliber weapons. The second section of the definition states that any type of
weapon by whatever name known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, the barrel or barrels of which have a
bore diameter of more than one-half inch in diameter is a destructive device. This portion of the
definition specifically excludes a shotgun or shotgun shell which the Attorney General finds is
generally recognized as particularly suitable for sporting purposes. ATF has issued rulings
classifying specific shotguns as destructive devices because they have a bore of more than one
half inch in diameter and were found to not be particularly suitable forfor sporting purposes.

So if it's a shotgun, it's fine, but as soon as you make it a 'rifle', and it doesn't fire shotgun shells anymore, but a slug, then it becomes a 'Large Caliber Weapon' destructive device.

It's another case of 'you can buy the parts legally, but if you assemble them, you're in deep do do'

[RPB]

Sent 10/29/2010 07:18 AM

To Mayor and City Attorney:
mayorjuliancastro@sanantonio.gov
dbrewton@sanantonio.gov


Subject: Potential Lawsuit

It appears that the city is at risk of a lawsuit.

All Law Enforcement Officers need to understand that no officer can make a good faith arrest for something that is not illegal.
Doing so is a civil rights violation and a Federal §1983 lawsuit could follow.
The legally unenforceable city ordinance which needs modification to comply with State Law, might confuse some officer and place the city at risk for a suit.

I refer to the following city ordinance, which needs modification:

http://search.municode.com/html/11508/l ... EFIWE.html" onclick="window.open(this.href);return false;

versus the State law

http://www.statutes.legis.state.tx.us/D ... tm#229.001" onclick="window.open(this.href);return false;
Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(b) Subsection (a) does not affect the authority a municipality has under another law to:
...
6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:

(A) public park;

(B) public meeting of a municipality, county, or other governmental body;

(C) political rally, parade, or official political meeting; or

(D) nonfirearms-related school, college, or professional athletic event.

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

Sincerely,
A citizen wishing to conserve our Tax dollars and use them for something other than defending lawsuits.

[RPB]

Feel free to use my letter/e-mail, in whole or in part, to any municipality which you need to.
I'm not a lawyer.
I'm just putting cities "ON NOTICE" So, their failure to comply with State law might be negligence too, since it is now foreseeable to them that such incident could occur.

The above E-mail might be improved by suggesting "simple ways" to bring their ordinances into compliance, such as amend to add
"Exceptions:
The above section(s) do not apply to holders of a Concealed Handgun Licenses issued under Subchapter H, Chapter 411, Government Code, ...."

Or something similar, just so the city attorney and mayor can tell city council "Look, we have no choice, and this is the easiest way".