Lawmakers handed the decision with a 10-1 vote. Council member MacKenzie Kelly, who was opposed, raised questions on potential authorized motion from Texas Lawyer Common Ken Paxton, a Republican, and native companies, as a result of the upper gun buying age for semi-automatic weapons enhance may violate state legislation.
Texas Gov. Greg Abbott, a Republican, has mentioned there’s a psychological well being drawback which ends up in gun violence, not a problem with firearms. At a information convention after the Uvalde taking pictures he mentioned, “Individuals who suppose perhaps we will implement robust gun legal guidelines, and we will clear up it; Chicago, New York and LA disprove that thesis.”
Metropolis supervisor should report findings by July 26
Cronk, who recommends insurance policies and applications to the Austin Metropolis Council, should return his findings concerning the metropolis’s gun restriction choices by July 26, the decision states. His workplace will conduct a “authorized evaluation” along with Austin’s legislation division division to handle the considerations about disagreement between the decision and Texas legislation, Cronk spokesperson Andy Tate mentioned.
Lee Crawford, the chief of Austin’s authorized division division, mentioned on the assembly a enterprise proprietor may sue the town by arguing state legislation would preempt metropolis legislation, together with after receiving a misdemeanor quotation for his or her gun gross sales in Austin. Figuring out the authorized grounds to sue the town over the proposed gun restrictions could be “speculative,” as a result of the proposals have but to turn out to be legislation, he mentioned.
Kelly mentioned the laws may jeopardize the council’s assets and inspired different council members to advocate for gun legislation adjustments on the state or federal degree as an alternative of greenlighting city-level restrictions which might break Texas legislation.
“I imagine that any try by Austin to limit, regulate or hamper the gross sales of firearms does violate state preemption legal guidelines and that violation of the current preemption legislation dangers a lawsuit from the lawyer basic, which I believe is a pointless waste of taxpayer assets,” she mentioned on the assembly.
Kelly’s opposition was met with swift rebuke from different council members, together with council member Alison Alter, who sponsored the decision.
“No one ought to have to fret about an 18-year-old strolling into a faculty with an AR-15 and taking pictures up the varsity, and that’s not a far-fetched situation,” she mentioned.
Austin gun store proprietor Joseph McBride mentioned his enterprise solely sells firearms to clients who’re 21 years and older. However he mentioned federal and state lawmakers ought to set rules on firearms as an alternative of native governments.
“We will have a hodgepodge of, God is aware of if you are going to be OK to hold one or to have one in sure cities within the state … and that is simply not the fitting option to go,” he mentioned.
Lawmakers in at the least one state, New York, lately have handed a invoice elevating the minimal age to 21 to purchase a semi-automatic rifle. Gov. Kathy Hochul signed the measure, which was a part of a 10-bill gun management package deal, earlier this month. Six different states require a minimal age of 21 to buy lengthy weapons just like the AR-15.