SB 766 Gun Range Protection Passes to Rick Perry

[matefrio]

Relating to the liability of a sport shooting range and the regulation of firearms, ammunition, firearm supplies, and sport shooting ranges.

Texas Legislature Online - 82(R) History for SB 766

 

[DrBart2]

Good! The more pro gun legislation passed the better.

 

[San Antone RR]

Good! The more pro gun legislation passed the better.

Agreed.

 

[Fred B.]

Alright ! Good deal.

 

[Bithabus]

This bill alarmingly removes some of our rights:

New version:

SECTION 5. Section 229.001, Local Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows: (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a [A] municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies; or (2)the discharge of a firearm at a sport shooting range. (b) Subsection (a) does not affect the authority a municipality has under another law to: (1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose; (2) regulate the discharge of firearms within the limits of the municipality, other than at a sport shooting range; (3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection; (4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety; (5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; [or] (6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a: (A) public park; (B) public meeting of a municipality, county, or other governmental body; (C) political rally, parade, or official political meeting; or (D) nonfirearms-related school, college, or professional athletic event; or (7)regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption. (e)In this section, "sport shooting range" has the meaning assigned by Section 250.001.

Old version:

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms within the limits of the municipality;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

The bold text is missing in the amended version. Oversight or intentional?

 

[LoneStar Citizens Defense]

My first thoughts were, " How is this going to affect a person under the age of 21 who wants to go to the range with their gun"?
Must be 21 to get a CHL.
Does this bill "Protect anyone's Rights"?

 

[Fred B.]

My first thoughts were, " How is this going to affect a person under the age of 21 who wants to go to the range with their gun"?
Must be 21 to get a CHL.
Does this bill "Protect anyone's Rights"?

And your answer is ???

 

[Texas1911]

This bill alarmingly removes some of our rights:

You sure that the original is current?

 

[Texas1911]

My first thoughts were, " How is this going to affect a person under the age of 21 who wants to go to the range with their gun"?
Must be 21 to get a CHL.
Does this bill "Protect anyone's Rights"?

Huh? ... This bill is about municipalities being able to regulate the hours and operation of a legal firing range. It has nothing to do with CHL or being of age.

It protects things like the only two ranges in Austin city limits being open the hours that they are, rather than the city suing the ranges and demanding that they operate under stringent hours as a means of shutting them down.

 

[Texas1911]

You sure that the original is current?

Hmm, I looked up the current version and it appears that it was omitted in the version. I'm going to check the first and last versions to see if it was amended. The reason why I ask is that omitted parts of current legislation are generally struck thru on the bill.

 

[Texas1911]

The bold text is missing in the amended version. Oversight or intentional?

The final version has this verbage:

SECTION 5. Section 229.001, Local Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows:

Meaning, it's not amending or editing sections (c) and (d) which are the omitted sections. It's just amending (a) and (b) to include the shooting range adders and the clause (e) to the end of it.

 

[LoneStar Citizens Defense]

Huh? ... This bill is about municipalities being able to regulate the hours and operation of a legal firing range. It has nothing to do with CHL or being of age.

It protects things like the only two ranges in Austin city limits being open the hours that they are, rather than the city suing the ranges and demanding that they operate under stringent hours as a means of shutting them down.

Note (c) and (d) missing. (c) is the protection for people without a CHL, such as those who are under 21.
I hope my conclusions are wrong, but so far that's the way I see it.
As far as the strike thru, that is traditional when editing as with a line under the new text. I cant say if its a "rule" to be enforced though.

 

[Texas1911]

Note (c) and (d) missing. (c) is the protection for people without a CHL, such as those who are under 21.
I hope my conclusions are wrong, but so far that's the way I see it.
As far as the strike thru, that is traditional when editing as with a line under the new text. I cant say if its a "rule" to be enforced though.

It says nothing about them being removed or altered, but doesn't display them, I think it's a clerical error.

The (c) is no real protection ... you don't have hunting or IDPA events at governmental meetings.

 

[matefrio]

To remove things they'd need to show strikes. I agree it's not a change.

 

[LoneStar Citizens Defense]

It says nothing about them being removed or altered, but doesn't display them, I think it's a clerical error.

The (c) is no real protection ... you don't have hunting or IDPA events at governmental meetings.

Strike thru is how you normally remove the text. It wasn't struk thru here, just left out.
I guess we'll see soon enough.

 

[Bithabus]

The final version has this verbage:

SECTION 5. Section 229.001, Local Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows:

Meaning, it's not amending or editing sections (c) and (d) which are the omitted sections. It's just amending (a) and (b) to include the shooting range adders and the clause (e) to the end of it.

This is a good explanation. Section e is is still there, and c and d are just left out. Guess I'm getting paranoid.

 

[Texas1911]

This is a good explanation. Section e is is still there, and c and d are just left out. Guess I'm getting paranoid.

No, not paranoid at all ... that text should be there. I think it's a clerical error and should be addressed ASAP before it's signed.

 

[LoneStar Citizens Defense]

No, not paranoid at all ... that text should be there. I think it's a clerical error and should be addressed ASAP before it's signed.

It passed 2/3rds majority vote in both chambers. It doesn't go to the Governor to be signed, " it goes directly into law".
So what now????
Right now I dont know for sure if it can be changed before everything is finalized. I just hope this doesnt cause problems for people.

 

[Bithabus]

Perhaps when the bill says "amended to read as follows" it is only referring to the added or altered text. I read it as referring to 229.001 as a whole.

If it is an oversight I hope someone catches it before the new code is drawn up.

 

[M. Sage]

The record says it's on the governor's desk. Signing might just be a formality here, but that's still where it is.

The final text is at the page in the OP, click the Text tab and select one of the Enrolled versions (from left to right: PDF, text, MS Word - PDF and Word require extra programs, text just puts the text into a browser window).