Texas 2025 - 89th Regular

Texas House Bill HB3138

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a municipality or county to regulate certain matters related to firearms, air guns, archery equipment, and other weapons and related supplies.

Impact

The implications of HB 3138 are significant for local governance. It limits the power of cities and counties to legislate on firearms, effectively centralizing authority at the state level. This change may lead to uniformity in firearms regulations across Texas, which supporters see as a means to enhance clarity and consistency. However, it could also strip local governments of the ability to tailor regulations to match the unique needs and safety concerns of their communities.

Summary

House Bill 3138 addresses the regulatory authority of municipalities and counties regarding firearms, air guns, archery equipment, and related supplies. The bill amends Sections of the Local Government Code to specify that municipalities cannot adopt or enforce regulations that pertain to the transfer, possession, carrying, ownership, or other aspects of firearms and related items. This legislation aims to standardize regulations across the state, preventing local governments from imposing restrictions that exceed those set by state law.

Contention

Discussions surrounding this bill highlight notable divisions. Proponents argue that such regulations help to preserve Second Amendment rights and prevent a patchwork of differing laws that complicate compliance for gun owners and businesses. Conversely, opponents express concern that this legislation undermines local democracy and public safety. They worry that it ignores specific local issues and nuances, such as urban gun violence and community-specific regulations, which may be necessary to address particular safety concerns. There’s a strong debate about the appropriate balance between state-level standardization and the right of local jurisdictions to govern based on local needs.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
    • Section: 001
  • Chapter 236. County Regulation Of Firearms, Knives, Ammunition, Firearm Supplies, And Sport Shooting Ranges
    • Section: 001
    • Section: 002
  • Chapter 235. County Regulation Of Matters Relating To Explosives And Weapons
    • Section: 042

Companion Bills

TX SB2284

Identical Relating to the authority of a municipality or county to regulate certain matters related to firearms, air guns, archery equipment, and other weapons and related supplies.

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