Texas Attorney General Ken Paxton has issued a legal opinion following a request from Representative Dustin Burrows regarding the sales of firearms in Texas municipalities and counties. The opinion concludes that municipal and county authorities may not use emergency powers to regulate or restrict the sale of firearms.
“State law provides several emergency powers to local governments to control movement within their region during a disaster, which serves our communities well during public health events like the one we’re fighting now. However, local regulation of the sale, possession, and ownership of firearms is specifically prohibited under Texas law,” said Attorney General Paxton. “Under our laws, every Texan retains their right to purchase and possess firearms.”
Under the Texas Local Government code, municipal governments possess the limited authority to regulate the use of firearms during a disaster; however, that authority does not extend to the regulation of transfer, possession, ownership or sale of firearms.