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Are Gun Stores Essential?

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Chris Farris View Drop Down
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    Posted: March/25/2020 at 13:04
State Representative Requests Opinion from Texas Attorney General on Exclusion of Gun Manufacturers & Retailers as "Essential Businesses" in Local Emergency Orders

https://www.nraila.org/articles/20200324/state-representative-requests-opinion-from-texas-attorney-general-on-exclusion-of-gun-manufacturers-retailers-as-essential-businesses-in-local-emergency-orders?utm_source=email&utm_medium=email&utm_campaign=ila_alert#

Dear Texas NRA Member:

Today, State Representative Dustin Burrows (R-Lubbock), Chairman of the Texas House Committee on Ways & Means, formally requested an opinion from Attorney General Ken Paxton (R) on whether city and/or county officials can prohibit the sale of firearms through an emergency order or declaration by excluding firearms manufacturers and retailers as "essential businesses."  On Monday, the Mayor of the City of Lubbock, which is in Burrows' district, issued an order to close all "non-essential" businesses within city limits, with no exemption for gun stores.  Other cities and counties, including Waco, Austin, Bexar County, Dallas County and Travis County, have issued similar orders (a copy of Harris County's "stay at home" order was not available as this alert went out.)  

These actions by local elected officials could violate the state firearms preemption law, which restricts the authority of cities and counties to enact a patchwork of regulations affecting the sale and transfer of firearms across the State of Texas.  

During an emergency, food, water, shelter and adequate medical care are paramount for survival, but so too is the ability of an individual to protect his or herself, as well as their family, home, business and property.  The lines of customers outside of firearm retailers across Texas in recent days is testament to the fact that they believe the ability to exercise their constitutional rights protected by the Second Amendment is essential, as they may find themselves facing situations where they need to be their own first responders.  

Your NRA-ILA will continue to monitor this situation and will report to you on further developments.

 


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Chris Farris Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 14:28
The Honorable Ken Paxton 
Texas Attorney General 
300 W. 15th Street Austin, TX 78701 

Dear General Paxton: 

STATE OF TEXAS HOUSE OF REPRESENTATIVES 
DUSTIN BURROWS 
District 83 
March 24, 2020 
512-463-0542 
FaX: 512-463 -0671 

This letter serves as a formal request of your opinion regarding the sales of firearms in Texas municipalities and counties, specifically, whether or not city and or county officials can prohibit the sales of firearms by an emergency declaration, issued under the "Texas Disaster Act" of 1975, and which excludes firearms retailers as "essential businesses". Below is Texas' state firearms preemption law restricting city and county authority to regulate firearms. It does not appear that cities or counties have the authority to restrict the transfer of firearms, even during a natural disaster. None of the city or county orders which have been issued thus far have designated firearms manufacturers, firearms retailers or shooting ranges as "essential businesses". 

LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES 

Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES. 
(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to: 
(1) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; 
(2) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or 
(3) the discharge of a firearm or air gun at a sport shooting range. 
(a-1) An ordinance, resolution, rule, or policy adopted or enforced by a municipality, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a municipality in violation of this section is void. (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 or air guns within the limits of the municipality, other than at a sport shooting range; (3) except as provided by Subsection (b-1 ), adopt or enforce a generally applicable zoning ordinance, land use regulation, fire code, or business ordinance; 
( 4) regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety; 

Thank you for your opinion on this matter. I look forward to your response. 

Sincerely, 
Dustin R. Burrows 
Chair, Ways and Means Committee


Edited by Chris Farris - March/25/2020 at 14:34
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mike650 Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 15:51
Wolf Reopens Gun Shops, Orders More Residents to Stay Home
Gov.

Tom Wolf is quietly allowing gun shops to reopen on a limited basis during the coronavirus pandemic after several justices of the Pennsylvania Supreme Court urged him to do so.

Fish to Live, Live to Hunt
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 18:32
ours are Open and doing well here! 
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Son of Ed Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 18:36
Eduardo is still waiting for a 50% off sale......
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sgt. D Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 18:47
Eduardo is still waiting for a 50% off sale......
Yea!! Try to buy any bulk ammo.............It has almost doubled. Got a e-mail from a distributor an hour ago. .223 available Winchester 55gr 1000rds   400.00. Checked it out 15 minutes after, Sold out!!!
 
 
 
Take care of Soldiers, Show em how its done and do it with em, Run to the Fight & and hold your ground! I die my men go home! If you're a NCO and this ain't you. GET OUT! GOD BLESS AMERICA!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Son of Ed Quote  Post ReplyReply Direct Link To This Post Posted: March/25/2020 at 19:07
Well, Eduardo will just have to kill everybody with what he's got......
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BeltFed Quote  Post ReplyReply Direct Link To This Post Posted: March/26/2020 at 06:30
Originally posted by Son of Ed Son of Ed wrote:

Eduardo is still waiting for a 50% off sale......

Image result for audience laughing
Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/26/2020 at 08:54
wonder how bad it is in NYC.....dumbasses won't stay home!
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/26/2020 at 09:43
Originally posted by Sgt. D Sgt. D wrote:

Eduardo is still waiting for a 50% off sale......
Yea!! Try to buy any bulk ammo.............It has almost doubled. Got a e-mail from a distributor an hour ago. .223 available Winchester 55gr 1000rds   400.00. Checked it out 15 minutes after, Sold out!!!
 
 
Actually... $400 is not that bad... that's $8.00 per box of 20, which is normal price here.  The local shops had their Spring sales and you could get .223 for $5.97/20... But you couldn't get  1000 rounds at that price!  others had it for $6.29.... again, there was a limit. 
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sgt. D Quote  Post ReplyReply Direct Link To This Post Posted: March/26/2020 at 09:54
True, but I'm talking wholesale to dealers. And there are individuals selling off surplus at double or more. My concern is we are being played big time. Everybody is preparing for direct or enforced take over. They (dumocrates) are plotting numerous ways of non-confrontational submission. Don't think they care anymore about how well armed anyone is. They certainly have seen how everybody responds to any suggestion of a gun grab. I know they are arrogant and do some really dumb things but, they all are not stupid. If they can get the majority to submit and comply all those arms and ammo are of no consequence.
 
Salute!


Edited by Sgt. D - March/26/2020 at 10:26
Take care of Soldiers, Show em how its done and do it with em, Run to the Fight & and hold your ground! I die my men go home! If you're a NCO and this ain't you. GET OUT! GOD BLESS AMERICA!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/26/2020 at 10:19
Originally posted by Sgt. D Sgt. D wrote:

True, but I'm talking wholesale to dealers.
 
 
Ah... got ya
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Chris Farris Quote  Post ReplyReply Direct Link To This Post Posted: March/27/2020 at 12:20
https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0296.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

The Honorable Dustin Burrows - Page 4 

SUMMARY 

Subsections 229.001(a) and 236.002(a) of the Local Government Code prohibit a municipality or county from adopting regulations related to the transfer, possession, or ownership of firearms, or commerce in firearms. These provisions apply to municipal and county regulation “notwithstanding any other law.” Thus, while municipal and county officials possess general emergency authority to control the movement of persons and the occupancy of premises in a local disaster area under Government Code section 418.108, such orders may not regulate or restrict the sale of firearms. 

Very truly yours, 
KEN PAXTON 
Attorney General of Texas
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Son of Ed Quote  Post ReplyReply Direct Link To This Post Posted: March/27/2020 at 16:41
That's too confusing for me....I'm just going to shoot everybody that pisses me off.....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kickboxer Quote  Post ReplyReply Direct Link To This Post Posted: March/27/2020 at 18:23
Gun stores in Alabama will remain open... no issues.
Opinion,untempered by fact,is ignorance.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/27/2020 at 23:51
KB... my nephew in Birmingham said Gov'na closed sporting good st0res... what say you?
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kickboxer Quote  Post ReplyReply Direct Link To This Post Posted: March/28/2020 at 09:19
Some sporting goods stores are closed, some are not... no surprise "dick's" is listed as closed.  Academy's hours are reduced for cleaning/sanitizing, but they are open.  Actual "gun stores" appear to be open... I've not found one closed yet in the greater Huntsville, Al area (except normal closure hours), but I've only checked a couple.  
Opinion,untempered by fact,is ignorance.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tip69 Quote  Post ReplyReply Direct Link To This Post Posted: March/28/2020 at 11:05
Thanks KB
take em!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BeltFed Quote  Post ReplyReply Direct Link To This Post Posted: March/30/2020 at 07:20
I heard yesterday that trump has declared the firearms industry essential and can stay open.

Knob Creek Range is staying open, but are practicing social distancing. There is another popular gun shop close to the Port that has closed down volantarily, but it's a small shop with big inventory, and the employee's were concerned.
Life's concerns should be about the 120lb pack your trying to get to the top of the mountain, and not the rock in your boot.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RifleDude Quote  Post ReplyReply Direct Link To This Post Posted: March/30/2020 at 09:26
Yes.

Pandemic or not, the answer remains the same.
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