Texas Penal Code 1.10 – Enforcement of Certain Federal Laws Regulating Firearms, Firearm Accessories, and Firearm Ammunition
(a) In this section:
(1) “Ammunition” has the meaning assigned by § 229.001, Local Government Code.
(2) “Firearm” has the meaning assigned by § 46.01.
(3) “Firearm accessory” means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of the firearm. The term includes a detachable firearm magazine.
(4) “State funds” means money appropriated by the legislature or money under the control or direction of a state agency.
(b) Notwithstanding any other law, an agency of this state, a political subdivision of this state, or a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation that:
(1) imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state; and
(2) relates to:
(A) a registry requirement for a firearm, a firearm accessory, or ammunition;
(B) a requirement that an owner of a firearm, a firearm accessory, or ammunition possess a license as a condition of owning, possessing, or carrying the firearm, firearm accessory, or ammunition;
(C) a requirement that a background check be conducted for the private sale or transfer of a firearm, a firearm accessory, or ammunition;
(D) a program for confiscating a firearm, a firearm accessory, or ammunition from a person who is not otherwise prohibited by the laws of this state from possessing the firearm, firearm accessory, or ammunition; or
(E) a program that requires an owner of a firearm, a firearm accessory, or ammunition to sell the firearm, firearm accessory, or ammunition.
Terms Used In Texas Penal Code 1.10
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Omission: means failure to act. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Rule: includes regulation. See Texas Penal Code 1.07
- Statute: A law passed by a legislature.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Subsection (b) does not apply to a contract or agreement to provide assistance in the enforcement of a federal statute, order, rule, or regulation in effect on January 19, 2021.
(d) A political subdivision of this state may not receive state funds if the political subdivision enters into a contract or adopts a rule, order, ordinance, or policy under which the political subdivision requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b) or, by consistent actions, requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b). State funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has required or assisted with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b).
(e) Any individual residing in the jurisdiction of a political subdivision of this state may file a complaint with the attorney general if the individual offers evidence to support an allegation that the political subdivision has entered into a contract or adopted a rule, order, ordinance, or policy under which the political subdivision requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b) or evidence to support an allegation that the political subdivision, by consistent actions, requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b). The individual must include with the complaint the evidence the individual has that supports the complaint.
(f) If the attorney general determines that a complaint filed under Subsection (e) against a political subdivision of this state is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in a county in which the principal office of the political subdivision is located to compel the political subdivision to comply with Subsection (b). The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition costs.
(g) An appeal of a suit brought under Subsection (f) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. The appellate court shall render its final order or judgment with the least possible delay.
(h) The attorney general shall defend any agency of this state in a suit brought against the agency by the federal government for an action or omission consistent with the requirements of this section.