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Thread: SB766 Range "Protection" ???

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    SB766 Range "Protection" ???

    The new version removes protection from gun confiscation and cities preventing lawful carry by non-CHL holders


    New Version
    SECTION 5. Section 229.001, Local Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows: (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a [A] municipality may not adopt regulations relating to: (1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies; or (2)the discharge of a firearm at a sport shooting range. (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 within the limits of the municipality, other than at a sport shooting range; (3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection; (4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety; (5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; [or] (6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a: (A) public park; (B) public meeting of a municipality, county, or other governmental body; (C) political rally, parade, or official political meeting; or (D) nonfirearms-related school, college, or professional athletic event; or (7)regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption. (e)In this section, "sport shooting range" has the meaning assigned by Section 250.001.

    Old version with bold print of what was left out!
    Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
    (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 within the limits of the municipality;
    (3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
    (4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
    (5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
    (6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
    (A) public park;
    (B) public meeting of a municipality, county, or other governmental body;
    (C) political rally, parade, or official political meeting; or
    (D) nonfirearms-related school, college, or professional athletic event.
    (c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
    (d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

  2. #2
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    Oh yea, be sure to call the TSRA and thank them for "protecting" your rights!
    This was their bill and YOU were better off without it!
    Last edited by MR Redenck; 05-27-2011 at 12:19 AM.

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    Quote Originally Posted by MR Redenck View Post
    Oh yea, be sure to call the TSRA and thank them for "protecting" your rights!
    This was their bill and YOU were better off without it!
    I'm confused. So a town can supercede the penal code, the US constitution and the TX constitution? Good luck with that.

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    Quote Originally Posted by mustangkiller View Post
    I'm confused. So a town can supercede the penal code, the US constitution and the TX constitution? Good luck with that.
    Without this in there, they can....
    c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
    (d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
    Also, (c) protects people who do not have a CHL while active in the mentioned activities. "Such as a person under the age of 21 who cant get a CHL".....

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    Regular Member Jack House's Avatar
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    Isn't there a federal law prohibiting confiscation?

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    Quote Originally Posted by Jack House View Post
    Isn't there a federal law prohibiting confiscation?
    Not that I know of. The only laws covering that subject are state laws, "that I know of".
    Remember the confiscation video's during the Cartina recovery?

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    Regular Member Jack House's Avatar
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    Yeah, the federal law was proposed in response to that. I'm not sure whether it went anywhere. I think it passed and was signed. Could be wrong.

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    Quote Originally Posted by Jack House View Post
    Yeah, the federal law was proposed in response to that. I'm not sure whether it went anywhere. I think it passed and was signed. Could be wrong.
    I can't cite how I know this but your 100% correct

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    That does address the subject in (d), but does nothing for the protection in (c).
    The missing text in (c) is a concern.
    People are questioning this and looking for answers. If the provisions in c&d remain then thats all were really questioning. Im sure something will show up, I hope.

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    Regular Member pooley's Avatar
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    Quote Originally Posted by MR Redenck View Post
    That does address the subject in (d), but does nothing for the protection in (c).
    The missing text in (c) is a concern.
    People are questioning this and looking for answers. If the provisions in c&d remain then thats all were really questioning. Im sure something will show up, I hope.
    Subsections (c) and (d) already exist in the current statute. Since this bill does not repeal them, subsections (c) and (d) will continue to exist.

    [hr]

    Excerpt from the currently existing Local Gov't Code;

    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

    Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
    (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 within the limits of the municipality;
    (3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
    (4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
    (5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
    (6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
    (A) public park;
    (B) public meeting of a municipality, county, or other governmental body;
    (C) political rally, parade, or official political meeting; or
    (D) nonfirearms-related school, college, or professional athletic event.
    (c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
    (d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.


    Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
    Amended by:
    Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 5, eff. April 27, 2007.
    Last edited by pooley; 05-29-2011 at 04:55 PM.

  12. #12
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    That's great Pooley, lest just hope it works out that way.

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    Quote Originally Posted by MR Redenck View Post
    That's great Pooley, lest just hope it works out that way.
    Have no fear. Existing statues or sections thereof can only disappear through use of the magic word repealed or by drawing that little line through it. Neither happened in SB766 so it'll all be good.

  14. #14
    Regular Member Jack House's Avatar
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    Quote Originally Posted by MR Redenck View Post
    That does address the subject in (d), but does nothing for the protection in (c).
    The missing text in (c) is a concern.
    People are questioning this and looking for answers. If the provisions in c&d remain then thats all were really questioning. Im sure something will show up, I hope.
    My point was only that confiscation is currently prohibited by federal law.

  15. #15
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    I know what your saying.

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