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Talking Points Booklet: Repeal of Emergency Powers

Written by Felisha Bull Published

Repeal of Emergency Powers

Current Law

Texas law says that, during a declared disaster or state of emergency, the Governor of Texas may suspend or limit sales or transportation of firearms and ammunition. The Governor may issue a directive that controls the sale, transportation, and use of weapons and ammunition, and that controls the storage, use, and transportation of explosives or flammable materials “considered dangerous to public safety.”

GOA’s Position

We must repeal the governor’s ability to regulate and restrict our gun rights during an emergency. Also, we should pass a Constitutional Amendment to the Texas Constitution to ensure that a future legislature can’t simply change its mind.

Note: To amend the Texas Constitution, the House and Senate must each approve the measure with a 2/3 vote. Then, Texas voters must approve it by a majority vote at the following November election.

How We Talk About This

  • Although we’re glad the current governor did not use his available power to restrict our ability to use and carry firearms during the recent disaster declarations, we shouldn’t have to rely on a governor’s goodwill.
  • A governor should not have the power to take away such an essential liberty.
  • During the time of a disaster, it is especially critical for Texans to be able to defend themselves.
  • (See also previous topics showing how important it is for us to be able to use firearms to stay safe.)

Bills

  • SUPPORT: HB 1500 by Rep. Hefner & SB 18 by Sen. Creighton repeal the Governor’s ability to regulate or control firearms during a disaster or state of emergency as mentioned above in “Current Law;” repeal municipalities’ ability to regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster; and prohibit  the Governor from using an emergency directive to prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range.
  • SUPPORT: HB 26 by Rep. Swanson & SB 547 by Sen. Springer repeal all the Governor’s powers to regulate or control firearms during a disaster or state of emergency as mentioned above in “Current Law.”
  • SUPPORT: HB 340 by Rep. Cain, HB 629 by Rep. White, & HB 1690 by Rep. Tinderholt repeal the Governor’s ability to issue a directive during a disaster or state of emergency as mentioned above in “Current Law.
  • SUPPORT: HJR 40 by Rep. White proposes an amendment to the Texas Constitution to remove a Governor’s power to suspend or limit the sale or transportation of firearms.

See our updated bill list at txgoa.us/87r.