San Antonio Ordinance in Violation of Texas Law?

[majormadmax]

San Antonio has the following ordinance:

Sec. 21-153. - Carrying a firearm prohibited; exceptions.

(a) It shall be unlawful for any person to carry a firearm within the city limits of the City of San Antonio at:

(1) A public park; or

(2) A public meeting of a governmental body; or

(3) A political rally, political parade, or official political meeting; or

(4) A nonfirearms-related school, college, or professional athletic event.
​

(b) It is an affirmative defense to prosecution for a violation of this provision that:

(1) The firearm is being carried by a certified peace officer; or

(2) The firearm is being carried by a certified security officer in the performance of his employment.
​

(Ord. No. 79328, § 3, 12-16-93; Ord. No. 84805, § 2, 9-19-96)

Given that state preemption of local restrictions exists in Texas ("no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes"), doesn't that make this law "unprosecutable?"

 

[txinvestigator]

San Antonio has the following ordinance:

Given that state preemption of local restrictions exists in Texas ("no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes"), doesn't that make this law "unprosecutable?"

Sort of. The "preemption" is a class C misdemeanor, and punishable by a fine only. If one were to be convicted in the municipal court, then an appeal to county court would have to result in an acquittal.

Municipal courts are not courts of record. An appeal to County Court results in a new trial.

 

[majormadmax]

Thanks, that is what I thought although I didn't know the details. I wonder why they even bother...

 

[TexasRedneck]

Because it makes them "feel good" because they "did something" about gun violence, M2. Quite a few years ago, I was pulled over w/an Uzi in my gun rack of my p/u. The cop started making noises about citing me and confiscating the gun. I told him that he'd best first get a Sergeant on the scene, because by the time I was done with him AND the city, there'd be a court fight they'd never forget. I was honestly hoping he WOULD confiscate it and cite me...but he didn't. His Sgt tried to get me to agree to either unload or "stash" it out of sight. I refused. Sometimes, it IS about the principle....

 

[Texasjack]

It's ALWAYS about the principle; there just aren't many people around anymore who have principles.

 

[cougartex]

The City of Port Arthur has a similar ordinance.

 

[Bobk]

TexasRedneck you're a man after my own heart, I remember growing up in Texas and everyone had a gun in the rack of their p/u trucks. You and Texasjack are right it's a matter of principle. Just like that good ole country song by Aaron Tippin, "You have to stand for something or you'll fall for anything".

 

[01indianbob]

You are correct with this information, but always remember that the officer DOES have the ability to make an arrest...tow your vehicle...and take his time about getting you 'booked in to jail'. May only be a Class C, but by the time he's finished with you, it could end up costing you upwards of $500 or $600.

Sort of. The "preemption" is a class C misdemeanor, and punishable by a fine only. If one were to be convicted in the municipal court, then an appeal to county court would have to result in an acquittal.

Municipal courts are not courts of record. An appeal to County Court results in a new trial.