Texas-Book-Gun Law Armed And Educated - Flipbook - Page 26
• The discharge of firearms within the limits of the municipality
other than at a sport shooting range (Section 229.001(a)(3));
•
The use of property under a generally applicable zoning
ordinance, land use regulation, fire code, or business ordinance
(Section 229.001(b)(3));
• The use of firearms in the case of an insurrection, riot, or natural
disaster if it is found necessary to protect public health and
safety (Section 229.001(b)(4));
• The storage and transportation of explosives to protect public
safety:
◦ The statute provides an exception, that local municipalities
cannot regulate 25 pounds or less of black powder for each
private residence, or 50 pounds or less for each retail dealer
(Section 229.001(b)(5)); and
• The carrying of a firearm or air gun, other than a handgun
carried by a non-prohibited person, at a public park, public
meeting of a governmental body, non-firearms-related school,
college, or professional athletic events:
◦ This does not apply to a firearm carried to or from an area
designated for lawful hunting, fishing, or other sporting
events where firearms are commonly used in the activity
(Section 229.001(b)(6)).
Preemption even applies to municipal housing authorities, their
municipal housing codes, or mass transit authorities; for example,
it would be unlawful for a public housing project to prohibit the
possession of firearms within the public housing project, or evict
anyone who violated such prohibition, as the preemption statute
above prohibits such regulations. See Tex. Att’y Gen. Op No.
DM-71 (1991).
Brief Legal History Of The Right To Bear Arms And The Laws Regulating Firearms | 15
