Texas-Book-Gun Law Armed And Educated - Flipbook - Page 25
than 150 feet from a residence or occupied building located on
another property in a manner not reasonably expected to cause a
projectile to cross the boundary line (Section 229.002(1)(A)); or
• The discharge of a center or rim fire rifle or pistol of any caliber
on a tract of land of 50 acres or more, more than 300 feet from a
residence or occupied building located on another property in a
manner not reasonably expected to cause a projectile to cross the
boundary line (Section 229.002(2)).
Further, in response to the City of San Antonio attempting to zone
gun stores out of existence, the 2019 Texas Legislature made some
large changes to statutory preemption laws located in Texas Local
Government Code § 229.001. Effective September 1, 2019, a
municipality may not adopt or enforce a zoning ordinance, land use
regulation, fire code, or business ordinance designed or enforced
to effectively restrict or prohibit the manufacture, sale, purchase,
transfer, or display of firearms, firearms accessories, or ammunition
that is otherwise lawful in the state.
This new law contains a powerful catchall which states that an
ordinance, resolution, rule, or policy adopted or enforced by a
municipality, or an official action, including in any legislative,
police power, or proprietary capacity, taken by an employee or agent
of a municipality in violation of Section 229.001 is void (invalid).
Additionally, an action taken by a municipality could subject it to
being sued by the Attorney General, who may recover all attorney’s
fees and litigation costs.
C. What local governments may regulate
Local municipalities under state law are empowered to and may
regulate the following:
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