Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Texas: Attorney General Ken Paxton Issues Key Opinion on State Firearms Preemption Law

Friday, May 31, 2019

Texas: Attorney General Ken Paxton Issues Key Opinion on State Firearms Preemption Law

On Friday, May 24, Attorney General Ken Paxton issued an important opinion clarifying Texas’ State Firearms Preemption Law.

Back in February, State Senator Donna Campbell (R-SD 25) -- whose district includes part of San Antonio -- requested an opinion from the Attorney General on three potential ordinances that a committee of the San Antonio City Council had begun studying last fall.  Her request asked whether the Section 229.001 of the Texas Local Government Code (otherwise known as the state firearms preemption law) preempted a city from enacting regulations that (1) prohibit firearm and ammunition sales within 1,000 feet of any school or church; (2) restrict the location of a business that sells guns or ammunition to the highest-density commercial areas; and (3) prohibit gun stores from locating within 200 feet of schools, public parks or places of worship.

General Paxton ruled that the proposed regulations prohibit or restrict a business or business location solely because the business involves the sale of firearms and ammunition, and a regulation which expressly identifies and prohibits gun stores from operating in a specific area is prohibited by the state firearms preemption law.  Also, an ordinance that singles out firearms and ammunition sales is similarly prohibited.  Lastly, he ruled that a violation of Section 229.001 of the Local Government Code may be enforced by the Attorney General and any plaintiff with standing under the Texas Constitution or U.S. Constitution could bring an action seeking declaratory or injunctive relief against enforcement of such an illegal ordinance. 

NRA-ILA applauds General Paxton's ruling and thanks Senator Campbell and her staff for their diligent work on the opinion request.  This important opinion affirms the intent and application of the state's firearms preemption law, an important safeguard to ensure uniformity of gun laws and to prevent cities from enacting arbitrary local restrictions that would result in a patchwork of confusing and conflicting regulations across Texas.

 

IN THIS ARTICLE
Texas Firearms Preemption
TRENDING NOW
Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

News  

Monday, September 28, 2026

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

For too long, Minnesota Governor Tim Waltz and his anti-gun allies in the state have treated the exercise of a constitutional right as something subject to government permission and whatever wait is required for the ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Friday, September 25, 2026

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Daniel Defense, LLC v. Lowy. The case asks whether firearm manufacturers can be sued ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.