Southern State Prevents Counties From Closing Gun Stores For Coronavirus

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Anti-gunners will look for any excuse to further their idiotic gun policies. In their minds, the coronavirus situation is just another crisis to exploit to try to push for more gun control.

Fortunately, though, the Texas Attorney General had something to say about counties in Texas trying to close gun stores due to the coronavirus situation. Dan Zimmerman writes,

[A] number of stay-at-home orders that have been issued for the higher population counties in Texas have resulted in gun stores being shut down. In response to the closings, Texas Rep. Dustin Burrows requested a formal opinion on the counties’ authority to deprive Texans of access to firearms and ammunition during an emergency.

[Texas Attorney General Ken] Paxton has just released an opinion letter […] stating unequivocally that under the Texas preemption laws, counties do not have the right to order that gun stores be closed.

As Paxton wrote,

While the Legislature granted local officials certain emergency powers to address disaster situations, that local authority is not without limitation. Relevant to your question, provisions in the Local Government Code prohibit municipalities and counties from regulating, among other things, the transfer, possession, ownership, or sale of firearms, “notwithstanding any other law.” …

Any attempt to adopt or enforce an “ordinance, resolution, rule, or policy . . . , or an official action, including in any legislative, police power, or proprietary capacity” taken in violation of subsection 229.001(a) or 236.002(a) “is void.” TEX. LOC. GOV’T CODE §§ 229.001(a-1), 236.002(b). The statutes’ unambiguous words disclose the Legislature’s intent: if a municipality or county adopts a regulation related to the transfer, possession, ownership or sale of firearms, that regulation will be void….

Texas law does give counties the authority to regulate the use of guns during an emergency to protect public health or safety. However . . .

Thus, municipal authority to regulate the use of firearms during a disaster does not grant authority to also regulate the transfer, possession, ownership or sale of firearms.

In other words, cities and counties can’t order gun stores to close their doors. Period.

It’s good to see that some folks in Texas are keeping their love of Constitutional rights and of doing the right thing.

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If you live in Texas, you should be glad that you aren’t in California or New York right now and that you have people in your state government who care about doing the right thing.

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9 COMMENTS

  1. Should be aganist the laws in every state. Micheal “coward” Bloomberg need to stop acting like he can control us. Or the state government! Those who accept his money shall be arrested and charge for violent the second amendment right of the CONSTITUTION LAWS!

  2. LOL….I’m totally in agreement with Wyatt Earp above. He could really use spellcheck I’m afraid. Happy Easter everyone!!!

  3. Right, well hell, this is the time that we need guns and ammo, to protect ourselves from criminals or whomever from breaking on us. It’s an American Right to own whatever gun or weapon to protect ourselves. I commend the Texas Governor for standing up for the rights of his people, all States need to follow suit. Thanks!

  4. From the North Country my Son’s work took him to Texas.. He loves Texas & it’s People. They have pride in the Constitution, the Country, and their State. Long Live Texas! May the Sanctuary States burn in H***.

  5. Every time I read or hear about Texas , I think they have a good Governor and a very good Attorney General , Ken Paxton is not just a smart Man , But a Fellow American Brother who is true to His oath

  6. Too bad New Murphyville Jersey isn’t the same or even close. Smurphy and all his little smurphets are so closed minded and arrogant that they feel that they are above those that they have sworn to serve. They believe that they are worthy of armed protection 24-7, however the residents they are supposed to serve do not deserve the same right. WAKE UP JERSEY RESIDENTS AND REALIZE WHAT’S GOING ON.

  7. It’s so funny to me! The states that are run by Democrats are closing gun stores while opening up the jails and prisons. Do they really thing the prisoners will be good while this pandemic is going on. Are they really that stupid? Average citizens will need to protect themselves should they be attacked by one of these furloughed prisoners.

Comments are closed.