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Freeport City ordinance
Posted: Tue Jan 10, 2017 10:25 pm
by dead2sin
I was recently told that in freeport it is illegal to carry a loaded firearm in your vehicle, i immediately assumed that is incorrect. I did some research and it is a city ordinance. However, after reading the ordinance it is my understanding that one may carry loaded if authorized by law. So... wouldn't state law override this ordinance since state law allows us to carry loaded firearms?
Link to ordinance-
http://library.amlegal.com/nxt/gateway. ... reeport_tx
Re: Freeport City ordinance
Posted: Tue Jan 10, 2017 11:15 pm
by The Wall
I thought there was a law past that prevented this. I'm sure someone will post it. Cities, towns, counties, can't pass their own gun laws is what it pertains to I believe.
Re: Freeport City ordinance
Posted: Tue Jan 10, 2017 11:21 pm
by TreyHouston
"Or otherwise authorized by law" sounds like you/we are good to go!
Re: Freeport City ordinance
Posted: Tue Jan 10, 2017 11:38 pm
by C-dub
I gotta wonder how long that's been there and if they've just never gotten around to removing it?
Re: Freeport City ordinance
Posted: Wed Jan 11, 2017 7:51 am
by Jusme
C-dub wrote:I gotta wonder how long that's been there and if they've just never gotten around to removing it?
I think this is probably the issue. I doubt they have tried to enforce this, and like a lot of city ordinances just never got repealed. When I was a LEO, the city I worked for, still had a law on the books, that if one was to be driving an automobile into town, they had to notify by telegraph, or telephone the city, before arrival, so that the horses could be properly secured so as not be spooked by the noise. I never wrote anyone a ticket for not obeying the law.
Re: Freeport City ordinance
Posted: Wed Jan 11, 2017 8:40 am
by Papa_Tiger
Local Government Code 229.001(a) wrote: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, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
Subsection (b) then goes on to state how the municipality may regulate firearms, but (b)(6) essentially states that they cannot regulate the carrying of a firearm by an LTC holder:
Local Government Code 229.001(b)(6) wrote: Subsection (a) does not affect the authority a municipality has under another law to:
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a 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;
Re: Freeport City ordinance
Posted: Wed Jan 11, 2017 8:44 am
by RPBrown
Papa_Tiger wrote:Local Government Code 229.001(a) wrote: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, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
Subsection (b) then goes on to state how the municipality may regulate firearms, but (b)(6) essentially states that they cannot regulate the carrying of a firearm by an LTC holder:
Local Government Code 229.001(b)(6) wrote: Subsection (a) does not affect the authority a municipality has under another law to:
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a 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;
But how would this affect the MPA?
Re: Freeport City ordinance
Posted: Wed Jan 11, 2017 8:53 am
by Papa_Tiger
RPBrown wrote:Papa_Tiger wrote:Local Government Code 229.001(a) wrote: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, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
But how would this affect the MPA?
Bolded for emphasis.
Re: Freeport City ordinance
Posted: Wed Jan 11, 2017 9:02 am
by E.Marquez
C-dub wrote:I gotta wonder how long that's been there and if they've just never gotten around to removing it?
I was thinking the same thing then I noticed...
CITY OF FREEPORT, TEXAS
CODE OF ORDINANCES
Contains 2016 S-20, current through
Ordinance 2016-2123, passed 10-3-16
Certainly it as a "passing" of all old, and any new or revisions, thus the old may not have been actual reviewed for need or correction. Still interesting.