KEY QUESTION: Can Commissioners Courts prohibit or regulate the discharge of firearms?
Reference Point: Local Government Code Section 235.022
Talking Points:
To promote public safety, Commissioners Courts “by order may prohibit or otherwise regulate the discharge of firearms on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.”- This statute does not authorize Commissioners Court to regulate the transfer, ownership, possession, or transportation of firearms and does not authorize the Commissioners Court to require the registration of firearms.
- A person commits a criminal offense if he or she “intentionally or knowingly engages in conduct that is a violation of a regulation adopted under this subchapter by the Commissioners Court.” The offense is a Class C misdemeanor. However, if it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.
- Additional questions pertaining to firearms regulation are addressed in other statutes such as the Texas Penal Code.
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Key Concept: Every month County Progress explores an issue or concern faced by Commissioners Courts, offering statutory references and a step-by-step summary of pertinent information. Since launching Key Concept in mid-2011, we have answered dozens of questions, some general, others specific, such as:
- Can Commissioners Courts regulate fireworks?
- What are the statutory regulations regarding competitive bidding?
- When residents purchase a vehicle outside of their home county, who receives the associated fees and percentage of sales tax?
- What are the education requirements for County Judges and County Commissioners?
- Can Commissioners Courts set a curfew?
- How does a county create the position of an elections administrator?
Send your question to Julie Anderson at janderson@zacpubs.com for inclusion in Key Concept. We look forward to hearing from you!