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
NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

Thursday, March 26, 2026

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

This morning, alongside firearm industry and advocacy partners, Governor Cox signed House Bill 214 into law during a ceremony in Salt Lake City, marking a significant legislative victory for protecting lawful commerce in the firearms ...

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Ohio: Senate Passes Suppressor Legislation

Wednesday, March 25, 2026

Ohio: Senate Passes Suppressor Legislation

Today, The Senate passed SB 214 by a vote of 31-1, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code. This legislation now goes to the house where ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Thursday, March 26, 2026

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Florida Attorney General James Uthmeier has taken the position—consistent with the NRA’s—that nonviolent felons retain their Second Amendment rights.  

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.