2005 Texas Local Government Code CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

LOCAL GOVERNMENT CODE

CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES


	§ 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.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1995, 74th Leg., ch. 229, § 7, eff. Sept. 1, 1995;  Acts 
1997, 75th Leg., ch. 165, § 10.07, eff. Sept. 1, 1997.  
Renumbered from § 215.001 by Acts 2001, 77th Leg., ch. 1420, § 
12.002(10), eff. Sept. 1, 2001.


	§ 229.002. REGULATION OF DISCHARGE OF WEAPON.  A 
municipality may not apply a regulation relating to the discharge 
of firearms or other weapons in the extraterritorial jurisdiction 
of the municipality or in an area annexed by the municipality after 
September 1, 1981, if the firearm or other weapon is:
		(1)  a shotgun, air rifle or pistol, BB gun, or bow and 
arrow discharged:   
			(A)  on a tract of land of 10 acres or more and 
more than 150 feet from a residence or occupied building located on 
another property;  and
			(B)  in a manner not reasonably expected to cause 
a projectile to cross the boundary of the tract;  or
		(2)  a center fire or rim fire rifle or pistol of any 
caliber discharged:   
			(A)  on a tract of land of 50 acres or more and 
more than 300 feet from a residence or occupied building located on 
another property;  and
			(B)  in a manner not reasonably expected to cause 
a projectile to cross the boundary of the tract.

Added by Acts 2005, 79th Leg., ch. 18, § 4, eff. May 3, 2005.