Tex.
Local Gov't Code Section 236.002
Firearms; Air Guns; Sport Shooting Range
(a)
Notwithstanding any other law, including Chapter 251 (Effect of Nuisance Actions and Governmental Requirements on Certain Agricultural Operations), Agriculture Code, a county may not adopt or enforce regulations that:(1)
relate to:(A)
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;(B)
commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or(C)
the discharge of a firearm or air gun at a sport shooting range; or(2)
require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm.(b)
An ordinance, rule, resolution, or policy adopted or enforced by a county, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a county in violation of this section is void.(c)
Subsection (a) does not affect the authority of a county to:(1)
require a resident or public employee to be armed for personal or national defense, law enforcement, or other purpose under other law;(2)
regulate the discharge of firearms or air guns in accordance with Section 235.022 (Authority to Regulate);(3)
regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, in accordance with Section 411.209 (Wrongful Exclusion of Handgun License Holder), Government Code;(4)
except as provided by Subsection (d), adopt or enforce a generally applicable land use regulation, fire code, or business regulation; or(5)
except as provided by Subsection (e), regulate or prohibit an employee’s carrying or possession of a firearm, firearm accessory, or ammunition in the course of the employee’s official duties.(d)
A county order or regulation designed or enforced to effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state is void.(e)
Subsection (c)(5) does not authorize a county to regulate an employee’s carrying or possession of a firearm in violation of Subchapter G (Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition), Chapter 52 (Miscellaneous Restrictions), Labor Code.(f)
The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a county adopting a regulation, other than a regulation under Section 236.003 (Regulation of Outdoor Sport Shooting Range), in violation of this section. The attorney general may recover reasonable expenses incurred in obtaining an injunction under this subsection, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition costs.
Source:
Section 236.002 — Firearms; Air Guns; Sport Shooting Range, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.236.htm#236.002 (accessed May 4, 2024).
