Texas-Book-Gun Law Armed And Educated - Flipbook - Page 24
S.W.2d 876 (Tex. Crim. App. 1973); Roy v. State, 552 S.W.2d 827
(Tex. Crim. App. 1977). Additionally, Texas recently reaffirmed its
commitment to the right to keep and bear arms by declaring itself a
Second Amendment sanctuary. Therefore, Texas will not use state
resources to enforce federal gun control laws enacted after January
19, 2021.
A. Can Texas prohibit local municipalities from making certain
gun laws?
Yes. The Texas Legislature can (and does) prohibit local
municipalities from making certain gun laws by the legal doctrine
known as “preemption.” A preemption statute is a mechanism by
which the Texas Legislature sets certain areas off-limits to local
governments, which helps ensure the uniformity of law across the
state-in this case, firearms law.
B. What local governments may not regulate
The Texas preemption statute can be found in Texas Local
Government Code Section 229.001. It states what areas of
law municipalities (cities) are not allowed to regulate. Local
municipalities cannot regulate:
•Anything relating to the transfer, possession, wearing, carrying,
ownership, storage, transportation, licensing, or registration of
firearms, air guns, knives, ammunition, or firearm supplies or
accessories (Section 229.001(a)(1));
• Commerce in firearms, air guns, knives, ammunition, or firearm
or air gun supplies or accessories (Section 229.001(a)(2));
• The discharge of a firearm at a sport shooting range (Section
229.001(a)(3));
• The discharge of a shotgun, air rifle, air pistol, BB gun, or
bow and arrow on a tract of land of 10 acres or more and more
Brief Legal History Of The Right To Bear Arms And The Laws Regulating Firearms | 13
