Pursuant to Local Government Code, §229.001, a municipality normally could not regulate the carrying of firearms to proclude them being loaded versus unloaded, etc.; legal under state law means legal everywhere. However! Subsection (b6) grants municipalities the ability to regulate or prohibit the carrying of firearms, other than concealed handguns carried under the authority of a CHL, at a very small list of places... and a "political rally" is one of those places. No doubt that was intended to keep the KKK and similar organizations from being armed as they met in public, but the Tea Party would certainly qualify nonetheless.
It doesn't prohibit it outright, just grants municipalities the power to regulate it if they so choose. Austin might have enacted a temporary order to prevent the carrying of loaded long arms just for this rally, but there's no permanent ordinance on the books for Austin in general. Citations for the win:
Code: Select all
229.001. Firearms; Explosives.
(a) A municipality may not adopt regulations relating to the transfer, private ownership, keep- ing, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the author- ity a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms within the limits of the municipality;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordi- nance, or regulations are not used to circumvent
the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
(6) regulate the carrying of a firearm by a per- son other than a person licensed to carry a con- cealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.
(c) The exception provided by Subsection (b) (6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
(d) The exception provided by subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
I am guessing that the article implies this guy was at a tea party at the Capital? If so, right on brother!
