A number of gun merchants in Central Texas have refused to shut down over the coronavirus, defying public health orders that all ‘non-essential’ businesses close.
In public health orders yesterday, city and county officials exempted grocers, pharmacies, gas stations, and certain other businesses from closing — but not gun stores.
Today, the first business day on which these orders are in effect, some Austin area gun stores have closed their doors while others have opted to stay open. Elite Guns on Parmer Lane wrote on its Facebook, “We will be open for normal business hours until we are told to shut down.”
“We have requests from majority of our customers asking us to stay open. There are mixed opinions on if a gun shop is considered ‘Essential Business.’ We will let the city tell us what we are classified as, we have researched to get a solid answer but no clear answer is out there.”
A call to the store Wednesday morning confirmed that the shop was open.
A South Austin shop took the same view. “The 2nd Amendment is essential during this crisis so Central Texas Gun Works will remain open,” said Michael Cargill, the owner.
On the other hand, Saddle Rock Armory on FM 620 opted to comply with the health orders. On the store’s voicemail, a shop worker said, “Due to local government restrictions on non-essential businesses, Saddle Rock Armory will be closed March 25 through April 13. We will continue tor receive and ship freight during that time but we will be closed to the public.”
A Cedar Park store took a mixed approach. “We’re open but with the current orders for shelter-in-place, we are only serving first responders,” said a Guns Warehouse staff member by phone.
Question of Law
Local public health authorities have wide-ranging powers under the Texas Disaster Act, but another Texas law preempts local governments from restricting gun sales.
In a letter to the Texas Attorney General dated March 24, State Representative Dustin Burrows asked for a formal legal opinion whether firearms retailers are “essential businesses.”
“None of the city or county orders which have been issued thus far have designated firearms manufacturers, firearms retailers, or shooting ranges as ‘essential businesses,’” he wrote.
Burrows pointed to Local Government Code sec. 229.001, which says, “A municipality may not adopt regulations relating to the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms.”
Cities also may not regulate “commerce in firearms” under the state law.
Attorney General Ken Paxton will make a determination whether this law preempts local authorities from shutting down gun commerce during a disaster. His decision may influence how and whether cities and counties attempt to enforce public health orders, but it won’t be binding. Only a court can formally rule on the meaning of the law.
High Demand for Guns
As worry over the coronavirus outbreak has increased, many Texans have bought up ammunition and firearms.
Guns Warehouse wrote to its followers on Facebook on March 23, “Due to current ammo shortages we will be limiting ammunition sales to new and used gun purchases only. We are doing everything we can to restock our ammo supply. Thank you for your patience.”
“What we’re seeing around the state of Texas, we’re seeing people line up around guns stores,” said Michael Cargill, owner of Central Texas Gun Works in a Facebook live video on March 24.
“Guns stores have been kind of depleted of their inventory. But inventory is coming in, and you will be able to get access to this inventory within this week.”
He added, “We’re making sure that those gun stores do stay open.”
However, gun classes at Central Texas Gun Works have been postponed “until after the Stay At Home period,” the company said on its website.
