TexasCHLforum.com

Several issues here


Preemption - City ordinance versus State Law ... etc

City keeping a database of gun sales concerns me ...


The ordinance isn't "just" for guns ,,, but News brought it up ...

Austin city Ordinance regarding second hand sales stores; they'll all get reported to the City with photos

I really didn't think anything of it until News mentioned McBrides Used Guns store http://www.mcbridesguns.com/index.htm" onclick="window.open(this.href);return false;



Soooo City of Austin will keep a database of records on used gun sales through the Store?


he city wants secondhand stores that buy goods to be required to hold those items for up to 20 days before selling them. The store would also have to register and report their transactions with the city, and keep a log with photos ...

http://www.google.com/search?q=austin+o ... =firefox-a" onclick="window.open(this.href);return false;

So I wouldn't buy a gun at a used gun store ...because ...how secure is CITY OF Austin's database of gun purchasers from the secondhand gun stores ...when Anonymous makes the info public? ... hmmmm

Texas Penal Code 1.08 specifically prohibits municipal and County governments, including any subdivision or agency from enacting or enforcing laws governing conduct reserved for state law.
http://www.statutes.legis.state.tx.us/D ... htm#46.035" onclick="window.open(this.href);return false;

Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.

The State further asserts its sole authority to regulate concealed carry, superseding any municipal ordinance or law.

Local Government Code 229.001
http://www.statutes.legis.state.tx.us/D ... LG.229.htm" 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.

I believe this is a law that was enacted to deal with Pawn Shops, but the way it was written it legally covers all 2nd hand sales, including garage sales, etc. Not sure it is being enforced that way, but could be.

Keith B wrote:I believe this is a law that was enacted to deal with Pawn Shops, but the way it was written it legally covers all 2nd hand sales, including garage sales, etc. Not sure it is being enforced that way, but could be.

I think you are remembering the Louisiana law ... This is a similar concept, but if I read correctly ... Texas laws don't really allow regulating/recordkeeping on transfer of guns by a city ...

this is a new proposed Austin City Ordinance ...

City Proposes Secondhand Store Ordinance
Updated: Tuesday, 07 Feb 2012, 7:52 PM CST
Read more: http://www.myfoxaustin.com/dpp/video/Ci ... z1lo46KeFw" onclick="window.open(this.href);return false;

The new ordinance will also affect The Guitar Center, Game Stop and McBride's Guns, which buys guns, jewelry, and coins. Cash for gold places, like Gold Gals, will also fall under the new ordinance.

Right now there's a market out there for secondhand stores to buy jewelry or property, but its not getting reported so there's not any way of recovering that stolen property at this time," said Sullivan.

What this ordinance is going to do is require all owners of secondhand shops, people who sell buy trade secondhand goods, to register with the city and to report on their transactions, take pictures of their goods, keep a log, pretty much what we're already asking pawn shops," said Austin City Council Member, Bill Spelman, who supports the proposed ordinance.

I thought pawn shops kept records for the State ... not a city? Do pawn shops report all gun sales to a city?

Yeah, maybe that was Louisiana. No matter, for guns, if they are a retail business, they have to posses an FFL and keep records anyway as it is not a private transaction. The only pitfall I can see is if the city allowed the record of the gun sale to be public.

Cheif Acevedo would probably cross reference the database of used gun buyers with University of Texas Student Registration ...

Austin, it's like a NY or D.C. down South


I'm still laughing over them regulating plastic bags, so you have to pay $1.00 to get one, and they'll be discontinued ... and you'll have to buy a box of wastebasket liners ... in order to preserve their landfill and become a "zero-waste" city ... wait, now there's a box the trash bags came in, so there's more waste than if they hadn't banned plastic bags
But ...
They'll never ban disposable non-reusable diapers ...

They have to start registering Gun Sales somewhere...look at those Mayors, use whatever tactic works.

Austin is a liberal island in a sea of conservative Texas
No telling what Austin might try next They are full of Anti-Gun
fools.

I'd set up a second-hand shop/pawn shop just outside the city limits. AND, I would advertise that we don't have to abide by that city ordinance...and put up a thank you sign to the city for all the business...