(Austin City Council is) Breaking the Law, Breaking the Law

I’m not sure if you’ve heard, but the SuperGeniuses on the Austin City Council (along with allies among the Travis County apparatchiks) have gotten it into their heads that it’s just a swell idea to ban gun shows within the city and county limits. Because I’m sure so many criminals are buying their guns legally at a gun show. (Hint: NICS is not, in fact, a misspelling of that TV show with the hot Goth chick.)

Over at Whipped Cream Difficulties, Dwight has taken the bull by the horns, and provided not only a list of reasons why that’s a really bad idea, but a list of contract addresses for City Council critters, allowing those of you who live within the limits of the City of Austin (I don’t) a chance to express your extremely displeasure with this noxious and ill-advised gun-grabbing regulatory gambit.

Oh wait, did I say noxious and ill-advised? Add to that one more adjective: illegal.

As Dwight notes, a gun show ban “will expose the city to legal action under section 229 of the Texas local government code.” Let’s take a look at 229, shall we? The relevant portion states:

(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:

(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies

Now, I’m not a simple country lawyer (or a simple hyperchicken from a backwoods asteroid, either), but banning gun shows sounds precisely like adopting regulations pertaining to the transfer of guns to me.

Much smarter than your average Austin City Counci Critter

They’d have done better listening to this, er, guy.

It’s like the entire Austin City Council parading through the center of the state capitol wearing KICK ME signs. And the state legislature just might take them up on it.

On the other hand, if The People’s Republic of Austin is foolish enough to push this through, I’m sure there are venues in Williamson County that would love to have that business…

(Subject line hat-tip)

Email and Phone Numbers: Let Them Know What You Think of Their Illegal Gun-Show Banning Ploy

Thanks to Dwight, here’s some contact information for Travis County officials, who are evidently voting Tuesday:

  • Judge Samuel T. Biscoe (512) 854-9555 Sam.Biscoe@co.travis.tx.us
  • Ron Davis (512) 854-9111 ron.davis@co.travis.tx.us
  • Sarah Eckhardt (512) 854-9222 sarah.eckhardt@co.travis.tx.us
  • Gerald Daugherty (512) 854-9333 Gerald.Daugherty@co.travis.tx.us
  • Margaret Gomez (512) 854-9444 Margaret.Gomez@co.travis.tx.us
  • And Austin City Council Critters:

  • Lee Leffingwell 512-974-2250 lee.leffingwell@ci.austin.tx.us
  • Sheryl Cole 512-974-2266 sheryl.cole@ci.austin.tx.us
  • Chris Riley 512-974-2260 chris.riley@ci.austin.tx.us
  • Mike Martinez 512-974-2264 mike.martinez@ci.austin.tx.us
  • Kathie Tovo 512-974-2255 kathie.tovo@ci.austin.tx.us
  • Laura Morrison 512-974-2258 laura.morrison@ci.austin.tx.us
  • Bill Spelman 512-974-2256 bill.spelman@ci.austin.tx.us
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    6 Responses to “(Austin City Council is) Breaking the Law, Breaking the Law”

    1. Dwight Brown says:

      For the record, the reference to section 229 comes from a very nice gentleman named Neal Atkins, who left a comment over at Shall Not Be Questioned, and who I have been corresponding with since. Credit where credit is due.

    2. [...] What the heck.  It appears that the Austin City Council, and their counterparts on the Travis County Commissioners Court, are considering banning gun shows in our area.  Seriously?  I imagine the thinking went like this: “There’s been another mass shooting somewhere.” [...]

    3. [...] Lawrence Person's BattleSwarm Blog Attacking so fast they won't know what hit them… « (Austin City Council is) Breaking the Law, Breaking the Law [...]

    4. [...] city of Austin is breaking the law by banning gun shows. Some internet-led activism happened. The Texas AG weighs in with talk of a double-barreled [...]

    5. Kevin P says:

      Can you add fax numbers as well? Emails are often ignored, but faxes are a little harder to ignore.

    6. [...] and I were out front on opposing the Travis County/Austin gun show ban, but now the 800 pound gorilla has climbed on the [...]

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