Texas-Book-Gun Law Armed And Educated - Flipbook - Page 303
III. GENERAL PREEMPTION LAWS FOR TEXAS
Generally, Texas preempts municipalities from enacting stricter
regulations relating to the transfer, possession, wearing, carrying,
ownership, storage, transportation, licensing, or registration of
firearms, air guns, knives, ammunition, or firearm or air gun
supplies or accessories; the commerce in firearms, air guns, knives,
ammunition, or firearm or air gun supplies or accessories; or the
discharge of a firearm or air gun at a sport shooting range.
As a result, generally, a municipality cannot restrict firearm rights
or enact firearm laws or regulations regarding the carrying of a
concealed or visibly holstered handgun that is more restrictive than
state law. See Tex. Loc. Gov’t Code § 229.001(a).
However, there are certain exceptions. Namely, state preemption
described in subsection (a) of the above statute does not affect the
authority of a municipality to regulate the carrying of an air gun or
a firearm, other than a handgun carried by a person not otherwise
prohibited by law from carrying a handgun, at a: public park; public
meeting of a municipality, county, or other governmental body; a
political rally, parade, or official political meeting, or non-firearmsrelated school, college, or professional athletic event. See Tex. Loc.
Gov’t Code § 229.001(b). In other words, municipalities cannot
regulate the carrying of a handgun by a non-prohibited person
in public parks, public meetings of government entities, political
rallies, parades, or official political meetings, or non-firearmsrelated school, college, or professional athletic events. However, a
handgun carrier must remember that other sections of the law, such
as Texas Penal Code Section 46.03 (which lists prohibited places),
intersect with this law. Just because this section may prohibit
regulation on local levels does not mean that there are not other
laws that apply.
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