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Texas Statewide Rule

Texas Firearms Local Preemption Statute

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute
Local Gov Code 229.001
Preemption Scope
Near-total
AG Enforcement
Injunction; costs and fees
County Parallel
Section 236.002
Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.

(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt or enforce regulations that: (1) relate to: (A) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, archery equipment, knives, ammunition, or firearm or air gun supplies or accessories; (B) commerce in firearms, air guns, archery equipment, knives, ammunition, or firearm or air gun supplies or accessories; or (C) the discharge of a firearm, air gun, or archery equipment at a sport shooting range; or (2) require an owner of a firearm or archery equipment to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm or archery equipment.

Full Breakdown

Section 229.001 of the Texas Local Government Code prohibits municipalities from regulating firearms, air guns, knives, ammunition, components, or firearms supplies. Limited carve-outs allow cities to regulate the discharge of firearms within city limits (subject to state law), restrict carry at certain public meetings, and impose reasonable limits at municipal facilities. The statute was strengthened multiple times to remove indirect regulation through zoning, taxation, or business licensing, and HB 1500 (2021) removed cities' remaining power to restrict firearms during declared disasters. The attorney general may sue to enjoin a violating ordinance and recover costs, attorney's fees, and investigative expenses. Counties face parallel restrictions under Section 236.002.

Violations & Penalties

Prohibited local firearm ordinances are void and unenforceable. The attorney general may seek a temporary or permanent injunction and recover court costs, attorney's fees, and investigative expenses; affected residents can also challenge ordinances in court.

Frequently Asked Questions

Can a Texas city ban open carry on city property?
No. Cities cannot prohibit licensed carry on most municipal property, though limited statutory exceptions exist for courts, polling places, and certain government buildings under Penal Code 46.03.
Can cities regulate firearm dealers through zoning?
No. Section 229.001 expressly prohibits using zoning, business licensing, or registration requirements as indirect firearm regulation, closing prior loopholes used by some municipalities.
Are there any local firearm rules cities can pass?
Limited rules: regulating discharge within city limits, restricting carry at official public meetings, and reasonable workplace policies for municipal employees during work duties.

Sources

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