TexasCHLforum.com

Kalrog wrote:

WildBill wrote:

Liko81 wrote:Basically you want state pre-emption; except as specifically prescribed by state law, no local jurisdiction's weapons laws could override the State statute. I agree; I think it's a great thing to have, and it's a good first step towards OC of all types of weapons.

So if the state legislature passed this law would it invalidate all of the local laws that are already in place?

Yes it would. And we essentially have it. That is why cities can't ban at any GOVERNMENT (instead of state) owned locations. State law pre-empts local laws and specifically doesn't all local governments to do that.

Well, we "kinda" have it. The Texas Constitution protects the right to keep and bear arms, while reserving for the Legislature the power to regulate the wearing of arms. That should be interpreted as pre-emption; the Legislature can regulate carry, and city governments aren't the Legislature. However, because that isn't more strongly stated, city ordinances exist under the radar. Someone else can go through Texas case law to find precedents for affirming or overturning local law to this effect; I can't find much on appeals for weapons violations, meaning either the localities with these ordinances or offenders of local law but not State are picking their battles.

USMC-COL wrote:I'd like to see the CHL cover ALL legal weapons such as legal knives as defined by state law (less than 5.5" blade). There are jurisdictions within TX that prohibit any knife that locks - such as San Antonio.

The CHL could be similar to Florida's CWFL (concealed weapons and firearms license). In FL if you have a CWFL you can carry any weapon not otherwise prohibited by law.

Basically you want state pre-emption; except as specifically prescribed by state law, no local jurisdiction's weapons laws could override the State statute. I agree; I think it's a great thing to have, and it's a good first step towards OC of all types of weapons.