Can Your Town Outlaw Your Guns?

By Woody published on in General, Videos

In the Lone Star State, cities and counties generally may not regulate the ownership or carry of firearms, ammunition, and knives—with a couple of pretty important exceptions. Click the video link below to watch Independent Program Attorney Edwin Walker of Walker & Byington in Houston tell you how to stay legal in the great state of Texas.

 

Tags: , ,

Trackback from your site.

The mission of Cheaper Than Dirt!'s blog, "The Shooter's Log," is to provide information-not opinions-to our customers and the shooting community. We want you, our readers, to be able to make informed decisions. The information provided here does not represent the views of Cheaper Than Dirt!

Comments (24)

  • Dan

    |

    I didn’t hear anything in that vidio about a city or county being able to regulate/ban a specific firearm or capacity (ala California). I feel sorry for those who live on the left coast and have to put up with those moonbat California politicians.

    Reply

  • Dragon

    |

    From all of the comments posted dealing with this subject, it is apparent to me that most of we concealed carriers often violate federal, state, and local laws…..whether it is inadvertent, unconscious, or willful. While practical, rational thinkers will ponder and expound on the ludicrous nature of these restrictions and so-called “gun free” zones, until such practical and rational thought gets into the legislative process, we will likely continue to be in violation of some law or policy simply because we are out and about in our chosen mode of armed preparedness.

    As one who routinely carries at least one handgun at all times, I have chosen to remember that concealed carry is just that…..keeping the weapon concealed beyond any potential observers’ capability of detecting our weapons. This means that one must insure that his or her weapon does not “print” under their clothing and that when reaching or bending, said weapon continues to remain out of the range of vision of any bystanders. It also means that one must be so comfortable with the chosen mode of carry that there is no inclination…..conscious or unconscious…..to fiddle and fool with the piece or the clothing that covers it. For those who are relatively new to concealed carry, it can be somewhat difficult to overcome the tendency to fuss with the thing that has become an appendage to our body, but after long experience at concealed carry, one usually can gain the self-control to just leave the gun alone, with an occasional check in a mirror or other reflective surface to make certain that your piece is truly concealed.

    Reply

  • Kent McManigal

    |

    The Texas town I live in has a sign prohibiting firearms in the park and signs prohibiting firearms (by permit holders, specifically) at the school.

    I have helped my daughter understand that what a “No guns” sign is actually saying is “We don’t care if you die!”, and that no caring person would ever post such a sign.

    Reply

  • Tom

    |

    The Clantons were exercising their 2nd amendment rights. The Earps were on the WRONG side of the Constitution!

    Reply

    • abelhorn

      |

      OK you are right !

      Don’t you find it interesting that we keep trying to pass laws

      to give us A RIGHT THE CONSTITUTION ALREADY GAVE US ?

      Reply

  • Dragon

    |

    Texas has a reputation for being a pretty gun friendly state, and the preemption law discussed in this segment provides for relative freedom of gun owners to exercise their rights to keep and bear arms. That said, however, we are continuing to pursue legislation to enact constitutional carry which would dispense with the requirement to possess a License To Carry (LTC). I, among many, continue to question the state’s recognition of certain venues as gun-free, since there is no defensible rationale to impose these restrictions. But…..I’d guess that will be another fight to be waged at another time.

    Reply

  • C. Dow III

    |

    My post office branch has a 30.06 sign posted outside. Is it because it is United States property that they can prohibit CHL holders from carrying in the building?

    Reply

    • Adam

      |

      Yes – carrying of firearms on US Post Office property is a violation of federal law. They’re also technically exempt from any signage requirements under state law.

      Reply

    • TC

      |

      IANAL, but my understanding is that civilian CCW and open carry are both prohibited on federal property, including post offices, even if you have a valid carry permit. I would be very interested in any comments by practicing attorneys and/or federal law enforcement officers , such as ATF agents, on the subject.

      Reply

    • G-Man

      |

      @ TC,

      I am a federal agent and will attempt to address your topic. Having a concealed carry permit has no bearing on the applicability of laws governing weapons prohibition inside federal buildings. These laws apply to everyone unless specifically excluded by name – such as law enforcement etc.

      Since you specifically mentioned the U.S. Post Office, I will primarily focus on that – given it is probably the most publicly accessed federal property, and the most recent in a string of controversial court challenges in just the past 5 years.

      First it is important to note that the United States Code (18 U.S.C. 930) which deals with firearms in federal buildings can still vary between federal facilities based on extended Rules and Policies created for each type of facility.

      For example – despite no mention of “parking lots” in the main federal code, there is an individual Postal Service “Rule” which makes it unlawful to have a gun anywhere, including your locked vehicle in the “parking lot”, on Postal Service property. The added “parking lot” prohibition is specific to only the U.S. Postal Service’s “Rules” and not mentioned in the overall law governing all federal buildings.

      Regardless, this specific Postal Service “Rule” which extends the prohibition of firearms to its “parking lots” has the entire force and effect of federal law if violated. This specific Rule has been challenged in the Supreme Court for being different than other federal gun requirements and still was upheld as recently as 2016.

      The federal rules are allowed to vary because Congress has authorized each federal agency head to maintain their own set of rules as necessary in support of their specific needs. So for example, the gun rules that apply to a V.A. Hospital may not apply to the Social Security office or a Military Recruiting Center in a public mall, and so forth.

      This means you need to do your own research based on your need for accessing each type of federal facility, and stay on top of possible changes as well.

      A recent example of just such a change occurred end of last year (2016) as a result of the Fort Hood shootings. This led the DoD to make a major policy change authorizing military installation commanders for the first time to allow active military and civilian employees to carry personal concealed firearms on base.

      Interestingly this new Policy does not yet allow regular civilians or retirees to carry on military installations, but there is work in progress to address that.

      To bore through the varying Rules and Policies of confusion, the U.S. Code makes it quite clear that notice of these provisions be conspicuously posted at each public entrance to each federal facility; and that no person shall be convicted of an offense if such notice is not posted.

      I hope this has clarified some things for you and helped point you in the right direction for future guidance on this matter. Feel free to ask any other questions that may come up.

      Reply

    • JoeE

      |

      Thanks

      Reply

    • Stephen L Stewart

      |

      This is stupid. I bet this law is broken as often as the one that prohibits firearms within gay so many feet of a school and yet there is frequently traveled public road within the prohibited road.
      Everyone that has a carry permit goes to the post office. No one goes home to put up their weapon.
      Those that are caught must have really acted out to end up getting their car legitimately searched.
      The last case precedence I saw the case was dropped.
      The law is STUPID.
      Please do reply as I can always use UPS and FedEx.

      SLS

      Reply

    • G-Man

      |

      @ Stephen L Stewart,

      Actually the “last case precedence” was convicted. He was a Postal Service employee who mistakenly left his personal carry bag on the floor in a common employee area. He was off that day, but another employee naturally looked through his bag to see who to return it to, when a full .40 cal. magazine was discovered.

      While the magazine by itself was not necessarily an offense, that employee notified Postal Inspectors (they amount to the police for the Postal Service) and when the employee returned the following day the Inspectors questioned him and asked to search his vehicle. That is where they found his gun in the glove box which was located in the post office parking lot.

      While it may not seem like much, his punishment was a $50 fine and the loss of his job for not following Postal Service Regulations. Either way, it was still a permanent conviction on his record for life and serves as the precedent by which any of us can also be convicted, whether we are employees or not.

      You are absolutely correct in your presumption of the mass number of concealed carriers that must do daily business at post offices across the U.S.; I also agree with your overall sentiment that this Postal Service Regulation is quite ill-advised for that very reason, and should be overwritten by a Trump Executive Order. Otherwise, it sets innocent folks up to become felons.

      Until then, one word of advice is to park at a property next to the post office and store your gun in your vehicle and then walk next door to the Post Office.

      Reply

    • Secundius

      |

      @ Stephan L Stewart.

      You’d be better trying “DHL”! Last I Heard Both FedEx and UPS are Considering NOT Delivering Firearms Anymore. Insurance Rates of Stolen Merchandise exceeding Profits when Insurance Rates are Applied…

      Reply

  • Cmac

    |

    Please post a print version of this. I do not have working sound and therefore cannot access the blog.

    Reply

    • G-Man

      |

      Click the CC button at the lower-right of the video screen and it will display his dialogue as Subtitles/Closed Captions.

      Reply

  • Sich

    |

    The “Gunfight at the O.K. Coral” in October 26, 1881, would never had happened if the ‘Clanton-McLaury” Gang just Surrendered their Gun to the ‘Earp Brothers’. There was a Gun Ordnance in Effect, by the Town Council of Tombstone, Arizona that Stated “No Guns Allowed within the Town of Tombstone” The Clanton-McLaury Gang were breaking the law, and the Earps were enforcing the law.

    Reply

    • TOM

      |

      The Clantons were exercising their 2nd amendment rights. The Earps were on the WRONG side of the Constitution!

      Reply

    • Sich

      |

      @ Tom

      If you look at Historical Account of the 19th century, you’ll find than Most Towns and Cities in the Western Prairie States and Territories had Similar Laws about Open Carry within Township Limits, including Texas.

      Reply

    • Tombstone Gabby

      |

      Didn’t think of it last night. In “A Tenderfoot In Tombstone”, the author relates that it was possible to get a ‘permit’ from the Marshall’s Office to carry in town. He also mentions house-sitting for a friend, and as he crossed a gully to get from town to the house, he didn’t just wear his gun, he had it in his hand. He doesn’t say just why.
      Today. that gully is an entryway into town for coyotes, deer, and javalina – and in 1881 there may have been other possible problems as well, two-legged. Deer? Walking a dog when the does are protecting their fawns can be unhealthy, at least one dog killed last season.

      Reply

    • Sich

      |

      @ Tombstone Gabby

      Not 100% current, but sounds like a “Scallywag” Patrol. A way of Keeping the Unsavory “Riff Raff” of the town from reentering the town, after being told to go home in “Forceable Verbal Tones”.

      Reply

    • Trooper

      |

      This has been one of my main arguments for years, even after leaving LE. Keeping out the “Riff-Raff” seems to be all the law makers in Washington and local progressives, seem to have in mind. What they fail to understand (and I even question this) is that the “Riff-Raff” have no respect for nor intension of following any laws, signs or ordnances any where. If they desire to carry, they will! That leaves to law abiding citizen or CC holder wide open for possible threat of life. It is unbelievable how the minds of some people work, both law makers and the criminally intent.

      Reply

    • Tombstone Gabby

      |

      Last time I checked, City Ordinance 5.1.1 says that only LEO’s actually on duty may carry weapons. This ordinance seems to have been enacted in 1976. It is an updated version of Ordinance #9, dating to the time Virgil Earp was City Marshall.
      About a year and a half ago, I was in California. Two police cars pulled into the driveway at about 10PM – looking for our house-sitters son, who had missed a probation office appointment – the Probation Officer hadn’t shown up. When a cop yelled “Keep your hands where I can see them” – I did. When an LEO says something, it’s probably wise to obey.
      According to local historians, Virgil’s command was “Throw up your hands”. One of Billy Clanton’s wounds: a bullet entered near the thumb of his right hand, and exited through the underside of the forearm. His hands were not ‘in the air’.
      Ordinance 5.1.1 is not being enforced today.

      Reply

Leave a comment

Your discussions, feedback and comments are welcome here as long as they are relevant and insightful. Please be respectful of others. We reserve the right to edit as appropriate, delete profane, harassing, abusive and spam comments or posts, and block repeat offenders. All comments are held for moderation and will appear after approval.

Time limit is exhausted. Please reload the CAPTCHA.

%d bloggers like this: