HB 3138 reflects a strong commitment to protecting individual liberty and limiting the scope of government authority at the local level. By amending several sections of the Local Government Code, the bill expands state preemption to ensure that municipalities and counties cannot enact or enforce regulations concerning firearms, air guns, archery equipment, knives, ammunition, and related supplies. It also clarifies that local governments may not require liability insurance for firearm or archery equipment ownership and may not use zoning or business ordinances in ways that suppress lawful weapons-related activities.
The bill does not grow the size or scope of state government. It does not create new agencies, programs, or administrative responsibilities. Instead, it reduces the regulatory footprint of local governments and affirms state-level uniformity on Second Amendment-related issues. In this way, HB 3138 aligns with the principle of limited government and prevents fragmentation of rights and regulations across different jurisdictions.
Importantly, the legislation imposes no financial burden on taxpayers. The Legislative Budget Board has concluded that the bill has no fiscal impact on the state and no significant fiscal impact on local governments. There are no mandates requiring new expenditures or public resource commitments, and by prohibiting requirements like liability insurance, the bill may reduce costs for individuals who own or use covered items.
Finally, the bill does not increase the regulatory burden on individuals or businesses; in fact, it does the opposite. By prohibiting new or existing local ordinances that might restrict weapons-related commerce or conduct, the bill lifts potential regulatory obstacles and enhances clarity and predictability for both citizens and businesses. In sum, HB 3138 supports core liberty principles and fiscal restraint, and Texas Policy Research recommends that lawmakers vote YES.
- Individual Liberty: The bill protects the rights of Texans to own, carry, and use firearms, archery equipment, knives, and similar items without interference from local governments. By prohibiting cities and counties from creating their own regulations, it ensures that individual rights—especially those tied to the Second Amendment- are uniform and protected statewide, regardless of where someone lives.
- Personal Responsibility: By rejecting local mandates like liability insurance requirements, the bill avoids punishing responsible gun or bow owners with blanket financial burdens. Instead, it holds individuals accountable through existing civil or criminal law if they misuse a weapon, rather than requiring everyone to pre-pay for potential harm.
- Free Enterprise: The bill prevents local governments from using zoning or other regulations to block or restrict businesses involved in the sale, training, or repair of firearms, archery equipment, and related supplies. This removes barriers to lawful commerce and helps ensure a fair market for businesses operating across Texas.
- Private Property Rights: The bill supports property owners' rights by stopping cities and counties from placing unique restrictions on how people store or use lawful weapons on their own property. Texans maintain more control over what they do with their property without facing inconsistent local rules.
- Limited Government: This is a core theme of the bill. It limits the regulatory power of local governments and prevents overreach, reinforcing that laws affecting constitutional rights like weapon ownership should be decided at the state level. It reduces government interference and avoids creating a patchwork of rules that could confuse or trap law-abiding citizens.
