Baytown restricts gun sales

[Mike1951]

City taking precautions for Ike

From City Reports
Baytown Sun

Published September 11, 2008

The City of Baytown is taking precautions in preparations for Hurricane Ike. All non-essential City facilities will be closed starting at noon on Thursday, September 11, 2008 and will remained closed until the City Manager calls for them to reopen. City employees will work to secure City property and to ensure the safety of citizens. Emergency services and public works personnel will be available for assistance as required.

Baytown Mayor Stephen DonCarlos has declared a curfew for all of Baytown that will be enforced from 11:00 pm Thursday, September 11, 2008 until 5:00 am Friday, September 12, 2008. The curfew will be reinstated at sunset on Friday evening and will continue through sunrise on Sunday, September 14, 2008. Non-evacuating residents should plan to remain off the roads from Friday evening through Sunday morning.

The Mayor has also declared a ban on the sale and purchase of alcohol and firearms will also be in effect from 8:00 am on Friday, September 12, 2008 until 8:00 am on Monday, September 15, 2008.

City officials are also encouraging citizens to be on the lookout for price gouging of high-demand items such as gasoline, building materials, and food supplies. Price gouging is illegal, and the Office of the Attorney General has authority to prosecute any business that engages in price gouging after a disaster has been declared by the governor. Suspected price gauging should be reported to the Texas Attorney General’s Office, http://www.oag.state.tx.us" onclick="window.open(this.href);return false;.

All storm related inquiries should be directed to the City’s Emergency Phone Bank at 281-420-5311. The phone bank will be taking calls throughout the storm event. Helpful information is also available on the City’s website at http://www.baytown.org" onclick="window.open(this.href);return false; and on Cable Channel 16.

[anygunanywhere]

City taking precautions for Ike

From City Reports
Baytown Sun

Published September 11, 2008

The City of Baytown is taking precautions in preparations for Hurricane Ike. All non-essential City facilities will be closed starting at noon on Thursday, September 11, 2008 and will remained closed until the City Manager calls for them to reopen. City employees will work to secure City property and to ensure the safety of citizens. Emergency services and public works personnel will be available for assistance as required.

Baytown Mayor Stephen DonCarlos has declared a curfew for all of Baytown that will be enforced from 11:00 pm Thursday, September 11, 2008 until 5:00 am Friday, September 12, 2008. The curfew will be reinstated at sunset on Friday evening and will continue through sunrise on Sunday, September 14, 2008. Non-evacuating residents should plan to remain off the roads from Friday evening through Sunday morning.

The Mayor has also declared a ban on the sale and purchase of alcohol and firearms will also be in effect from 8:00 am on Friday, September 12, 2008 until 8:00 am on Monday, September 15, 2008.

City officials are also encouraging citizens to be on the lookout for price gouging of high-demand items such as gasoline, building materials, and food supplies. Price gouging is illegal, and the Office of the Attorney General has authority to prosecute any business that engages in price gouging after a disaster has been declared by the governor. Suspected price gauging should be reported to the Texas Attorney General’s Office, http://www.oag.state.tx.us" onclick="window.open(this.href);return false;.

All storm related inquiries should be directed to the City’s Emergency Phone Bank at 281-420-5311. The phone bank will be taking calls throughout the storm event. Helpful information is also available on the City’s website at http://www.baytown.org" onclick="window.open(this.href);return false; and on Cable Channel 16.

They don't want open season on price gougers.

Anygunanywhere

[nuparadigm]

...

The Mayor has also declared a ban on the sale and purchase of ... firearms will also be in effect from 8:00 am on Friday, September 12, 2008 until 8:00 am on Monday, September 15, 2008.
...

Sounds as if this could be the substance of some kind of a lawsuit.

[agbullet2k1]

Couldn't this fall under the authority of Marshall law? Not saying I agree, but could be within his authority.

[KBCraig]

Couldn't this fall under the authority of Marshall law? Not saying I agree, but could be within his authority.

It's martial, not marshall, and no it doesn't. The mayor has zero authority to enact this ban. The state has total preemption on both firearms and alcohol.

[agbullet2k1]

Couldn't this fall under the authority of Marshall law? Not saying I agree, but could be within his authority.

It's martial, not marshall, and no it doesn't. The mayor has zero authority to enact this ban. The state has total preemption on both firearms and alcohol.

Yeah, spellcheck strikes again. Well, I'd guess that with the other events going on currently, this story will get zero coverage.

[WildBill]

The mayor was wrong for making such an announcement. Practically speaking, it probably didn't make any difference. By the time of the announcement most, if not all the stores were boarded up and closed.

[dave_in_austin]

The mayor was wrong for making such an announcement. Practically speaking, it probably didn't make any difference. By the time of the announcement most, if not all the stores were boarded up and closed.

True, but the real question is what is the best way from preventing this from happening in the future. Would his attempt to violate state law and exceed his authority be grounds for some charges relating to violation of his oath of office? If his actions have no consequences (real or political) there will be nothing to deter a future repeat of such actions. Do any of you knowledgeable law people out there have any suggestions?

[Xander]

True, but the real question is what is the best way from preventing this from happening in the future. Would his attempt to violate state law and exceed his authority be grounds for some charges relating to violation of his oath of office? If his actions have no consequences (real or political) there will be nothing to deter a future repeat of such actions. Do any of you knowledgeable law people out there have any suggestions?

Not a legal answer, but my suggestion would be to vote for a different mayor next election. I doubt criminal charges would be justified or appropriate.

[KBCraig]

Would his attempt to violate state law and exceed his authority be grounds for some charges relating to violation of his oath of office?

Not a legal answer, but my suggestion would be to vote for a different mayor next election. I doubt criminal charges would be justified or appropriate.

I think criminal charges would be justified and appropriate, but I doubt there is a section of the Code under which to charge him. Even if there was, doing so would be both untimely and unlikely to succeed.

It would make a nice warning notice to future would-be dictators, though. Kind of like a head on a pike at the city gates.

[Xander]

I think criminal charges would be justified and appropriate, but I doubt there is a section of the Code under which to charge him. Even if there was, doing so would be both untimely and unlikely to succeed.

I disagree. Interfering with commerce at a municipal level happens all the time, and it perfectly legal...Primarily though zoning. I don't think it's *right* that he denied people the ability to purchase firearms to protect themselves at the eleventh hour, but I don't think it's criminal either.

It would make a nice warning notice to future would-be dictators, though. Kind of like a head on a pike at the city gates.

That's why we have a process in place to deal with these sorts of individuals....Democracy. Vote for somebody different next time, and let that be the warning. The criminal justice system isn't the only answer to all of the world's problems.

[dave_in_austin]

I disagree. Interfering with commerce at a municipal level happens all the time, and it perfectly legal...Primarily though zoning. I don't think it's *right* that he denied people the ability to purchase firearms to protect themselves at the eleventh hour, but I don't think it's criminal either.

The difference between regulation through zoning and the action here is that the state statutes specifically prohibit municipal regulation of the sale of firearms. Thus, the mayor's actions appear to be a violation of state laws and should constitute an actionable offense. I would expect that the oath of office he took would include something pertaining to upholding state statutes and the direct violation of the oath of office should have some legal consequences.

[shootthesheet]

I agree that a lawsuit needs to be filed and that Mayor needs to be ousted. It doesn't matter what was closed and what was not. They cannot shut down gun stores for any reason. I would argue that they had no authority to shut down liquor stores either. What is the reasoning for either? What if someone felt they needed a weapon to protect themselves after the storm and had no way to buy a gun? I just hope someone there will contact the TSRA and/or NRA and inquire about help. This is a New Orleans style denial of civil rights in my opinion.

Want to get it in the news? File a suit and do it as publicly as possible.

[WildBill]

Want to get it in the news? File a suit and do it as publicly as possible.

You have to have been harmed by the mayor's action to have grounds for a lawsuit. Unless you were denied the purchase or sale of a gun by the mayor's actions you have no grounds. He may also have some kind of immunity as an elected official.

[anygunanywhere]

He may also have some kind of immunity as an elected official.

No elected official should ever have any type of immunity for anything they ever do.

They can not have immunity from us. They work for us. We are their employer.

Anygunanywhere