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Texas: Attorney General Issues Opinion Prohibiting Municipalities and Counties from Restricting Firearm Sales in Response to Covid-19

Friday, March 27, 2020

Texas: Attorney General Issues Opinion Prohibiting Municipalities and Counties from Restricting Firearm Sales in Response to Covid-19

On Tuesday, March 24, pro-Second Amendment State Representative Dustin Burrows (R-Lubbock) requested an opinion from Attorney General Ken Paxton on whether city and county officials can prohibit the sale of firearms through an emergency order or declaration by excluding firearm manufacturers and retailers as "essential businesses."  Over the course of this week, local officials from Austin, Lubbock and Waco, as well as Bexar, Dallas, Harris, Tarrant and Travis counties adopted (and in some cases modified) such orders forcing some gun stores to close and denied law-abiding Texans the right to purchase a firearm for protection during these uncertain times.

Today, General Paxton issued Opinion No. KP-0296 stating that Section 229.001(a) and 236.002(a) of the Texas Local Government Code prohibiting municipalities and counties from adopting regulations related to the transfer of and commerce in firearms, and that these emergency stay-at-home or shelter-in-place orders may not regulate or restrict the sale of firearms.

Thanks go out to Representative Burrows for his timely request and to General Paxton for protecting the Second Amendment in the Lone Star State by issuing this critical opinion affirming that the state firearms preemption statute overrides these local orders.

Also, thanks go out to State Representative Travis Clardy (R-Nacogdoches) and State Senator Pat Fallon (R-Prosper) for sponsoring and passing House Bill 3231 during the 2019 legislative session, legislation which strengthened and made important clarifications to Texas' state firearms preemption statute, and to Governor Greg Abbott for signing the measure into law.

Your NRA-ILA will closely monitor the response of local governments to this opinion and keep you updated.

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News  

Friday, April 9, 2021

NRA Opposes David Chipman for ATF Director

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In New Executive Gun Control Push, Biden Seems to Throw Obama, and Himself, Under the Bus

News  

Monday, April 12, 2021

In New Executive Gun Control Push, Biden Seems to Throw Obama, and Himself, Under the Bus

At Biden's recent Rose Garden ceremony, where he announced his latest assault on the Second Amendment, he lied a number of times, and garbled the name of the federal agency tasked with enforcing federal gun ...

A Radical Idea: It’s Not the Gun, it’s the Criminal

News  

Monday, April 12, 2021

A Radical Idea: It’s Not the Gun, it’s the Criminal

Rahm Emanuel, recently the mayor of Chicago and who has previously served as a member of the Clinton Administration and as President Obama’s White House chief of staff, proposed a few curious gun control ideas ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Texas: Urge Your Lawmakers to Pass Permitless Carry this Session

Monday, April 12, 2021

Texas: Urge Your Lawmakers to Pass Permitless Carry this Session

House Bill 1911, by Rep. James White (R-Woodville), and House Bill 1927, by Rep. Matt Schaefer (R-Tyler), NRA-backed permitless carry proposals that would allow law-abiding citizens to carry a handgun without a state-issued License To Carry (LTC), have been reported ...

New Jersey: Gov. Murphy Announces Drastic Gun Control Agenda

Thursday, April 15, 2021

New Jersey: Gov. Murphy Announces Drastic Gun Control Agenda

Thursday morning, Gov. Phil Murphy held a press conference to unveil yet another gun control package in the Garden State.  

Hunter Biden Incident Shows that Gun Laws are for the Little People

News  

Monday, April 5, 2021

Hunter Biden Incident Shows that Gun Laws are for the Little People

There is a central hypocrisy at the heart of the gun control effort.

South Carolina House Passes Constitutional Carry

Friday, April 9, 2021

South Carolina House Passes Constitutional Carry

Yesterday, the House voted to pass House Bill 3096 on third reading. It has been sent to the Senate for further consideration.

Texas: Permitless Carry Scheduled for House Consideration on Thursday!

Tuesday, April 13, 2021

Texas: Permitless Carry Scheduled for House Consideration on Thursday!

House Bill 1927, by Rep. Matt Schaefer (R-Tyler), an NRA-backed permitless carry proposal that would allow law-abiding citizens to carry a handgun without a state-issued License To Carry (LTC), will be debated by the full Texas House on Thursday!

NRA-backed Constitutional Carry Signed in Tennessee

News  

Thursday, April 8, 2021

NRA-backed Constitutional Carry Signed in Tennessee

Gov. Bill Lee signs NRA-backed constitutional carry bill to advance the self-defense rights of all Tennessee gun owners. 

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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.