Paxton: can't shut down gunstores

[oldag]

Texas Attorney General Ken Paxton just released his official opinion on the issue of cities and counties failing to exempt firearms stores from closure.

Paxton stated that municipal and county officials may not use their emergency powers under section 418.108 of the Government Code to regulate or restrict the sale of firearms.

“Subsections 229.001(a) and 236.002(a) of the Local Government Code prohibit a municipality or county from adopting regulations related to the transfer, possession, or ownership of firearms, or commerce in firearms. These provisions apply to municipal and county regulation “notwithstanding any other law.” Thus, while municipal and county officials possess general emergency authority to control the movement of persons and the occupancy of premises in a local disaster area under Government Code section 418.108, such orders may not regulate or restrict the sale of firearms.”

 

[Sam7sf]

I wondered about that. Texas is great.

 

[V-Tach]

Had already been told yesterday by our Chief of Police and the Mayor we were considered an essential business........good to know that community leaders that don't think gun shops are.....got shown the way by AG Paxton.......

Rockport/Fulton goes into stay home mode tomorrow night for two weeks.......

 

[toddnjoyce]

Here’s the opinion in case anyone ends up needing it.

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0296.pdf

 

[rotor]

Is this because of state preemption? Does that mean the state can shut down gun stores? I bet they can, although unlikely in Texas.

 

[toddnjoyce]

Is this because of state preemption? Does that mean the state can shut down gun stores? I bet they can, although unlikely in Texas.

Yes; the power to regulate the transfer of firearms isn’t delegated below the state level. I haven’t looked deeply, but TPC46.06 is the only thing that comes to mind about transfers and that concerns prohibited persons.

 

[Hoji]

Y’all can thank Michael Cargill for that. Austin Police came to visit him at the request of the city.

Mike, not being known for taking bullshit without pushing back, pushed back.

 

[oldag]

Thanks, Mike.

 

[jordanmills]

Y’all can thank Michael Cargill for that. Austin Police came to visit him at the request of the city.

Mike, not being known for taking bullshit without pushing back, pushed back.

Never met him, but appreciate him even more now.

 

[Rhino]

Y’all can thank Michael Cargill for that. Austin Police came to visit him at the request of the city.

Mike, not being known for taking bullshit without pushing back, pushed back.

He’s a good dude along with the folks at Lone Star Gun Rights. We should support them.

 

[jrbfishn]

What store is he with?

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

 

[Hoji]

What store is he with?

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

https://centraltexasgunworks.com/

 

[Renegade]

Y’all can thank Michael Cargill for that. Austin Police came to visit him at the request of the city.

Mike, not being known for taking bullshit without pushing back, pushed back.

Citizens cannot request AG opinions (link -> https://www.texasattorneygeneral.gov/attorney-general-opinions)

This opinion came at the request of State Representative Dustin Burrows (R-Lubbock), after the Mayor of the City of Lubbock, which is in Burrows' district, issued an order to close all "non-essential" businesses within city limits, with no exemption for gun stores.

The ruling does not have the force of law.

 

[jrbfishn]

https://centraltexasgunworks.com/

Thanks. Good prices too.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

 

[oldag]

Citizens cannot request AG opinions (link -> https://www.texasattorneygeneral.gov/attorney-general-opinions)

This opinion came at the request of State Representative Dustin Burrows (R-Lubbock), after the Mayor of the City of Lubbock, which is in Burrows' district, issued an order to close all "non-essential" businesses within city limits, with no exemption for gun stores.

The ruling does not have the force of law.

Good for Burrows.

 

[Renegade]

Good for Burrows.

it if was not him, it would have been someone else. Paxton is pro2A so it is any easy request.

Yesterday McKinney tightened its SIP and gun shops did not make the cut.

 

[JCC]

Awesome stuff.

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[Coiled]

Citizens cannot request AG opinions (link -> https://www.texasattorneygeneral.gov/attorney-general-opinions)

This opinion came at the request of State Representative Dustin Burrows (R-Lubbock), after the Mayor of the City of Lubbock, which is in Burrows' district, issued an order to close all "non-essential" businesses within city limits, with no exemption for gun stores.

The ruling does not have the force of law.

Did Paxton rule or opine?

Not sure I know the legal difference but a different bridge . . .

 

[Renegade]

Did Paxton rule or opine?

Not sure I know the legal difference but a different bridge . . .

I should have wrote, "The opinion does not have the force of law." But they are usually followed.

 

[Coiled]

Thanks.