All posts by Midsouth Shooters

Just a Few Hours Left In This Giveaway from Midsouth Shooters!

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Hurry, this giveaway won’t last much longer! You could win one of  amazing Hornady Reloading prizes just by clicking a few buttons.

Midsouth is known for offering amazing deals, and what better time of year than the season of giving to offer huge discounts, and great prizes to their fantastic customers.

Click Here to head over to Midsouth Shooters page and enter to win!

Midsouth Shooters Black Friday Extravaganza: Sponsored by Hornady!

 

Fake News: Gun Range Video Used to Depict Turkish-Kurdish Clash!

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ABC News ‘slaughter in Syria’ footage appears to come from a Kentucky gun range

ABC does in again with some hard hitting coverage of the Turkish attack on Kurds in Syria, except not really. ABC did this. Let this sink in! Read on.

ABC aired supposedly shocking footage Monday and Sunday purporting to be from the forefront of the battle between the Syrian Kurds and the invading Turks. The only problem is, the footage appears to come from a nighttime machine gun demonstration at the Knob Creek Gun Range in West Point, Kentucky.

The images would indeed be stunning were they actually from northern Syria. It would be horrific if the images showed a Turkish assault on Kurdish civilians. But the images do not show that. The footage, which appears to be from 2017, shows American gun enthusiasts putting on a terrific pyrotechnic show for an American audience. In fact, the Machine Gun Shoot and Military Gun Show, which includes the very popular night shoot, is a biannual event at the Kentucky gun range. People love the show. They love it so much, in fact, that they often record it and post video of it to social media

“We’ve taken down video that aired on World News Tonight Sunday and Good Morning America this morning that appeared to be from the Syrian border immediately after questions were raised about its accuracy,” a network representative told the Washington Examiner. “ABC News regrets the error.”

Here’s the news report from ABC below:

And here’s another angle, but from a spectator at Knob Creek:

It pays to be leery of any news source, but with current information technology it’s impossible to not be fact-checked a million times in a matter of seconds. It must take a severely inflated sense of entitlement and narcissism to not check sources when publishing national news!

Wal-Mart Expands Their Anti-Gun Agenda

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What the absolute heck is Wal-Mart doing? Once a proud symbol of American Capitalism, and the face of big-box retail, Wal-Mart continues to alienate it’s base of consumers with another knee-jerk reaction prodded by woke-troopers and social justice warriors.

wal-mart ammo

by Midsouth Shooters

Wal-Mart has been steadily rolling back their support of the Second Amendment since 1993 when they stopped the sale of all handguns in every state except Alaska. Then, in 2015 it ended the sale of AR-15 style MSR rifles, and any toy or airgun resembling any “military-style rifle used in mass shootings,” per the published Wal-Mart policy. Last year, it raised the minimum age for gun purchases from 18 to 21, two weeks after 17 students and teachers were killed in a shooting at a high school in Parkland, FL.

Just this past week, Wal-Mart rolled out another set of policies after the recent shooting at a Wal-Mart Super Center in El Paso, TX. The shooting resulted in 22 deaths and 24 injuries. Patrick Crusius, a 21-year-old from Allen TX, was arrested shortly after the shooting and charged with capital murder. Police believe he published a document, described by others as a white nationalist, anti-immigrant manifesto, on 8chan shortly before the attack, citing inspiration from that year’s Christchurch mosque shootings in New Zealand.

Wal-Mart CEO, Doug McMillon was quoted as saying:

“After selling through our current inventory commitments, we will discontinue sales of short-barrel rifle ammunition such as the .223 caliber and 5.56 caliber that, while commonly used in some hunting rifles, can also be used in large capacity clips on military-style weapons,” Walmart CEO Doug McMillon said in a memo to employees on Tuesday.

Wal-Mart has also stated in it’s newly minted policy they will no longer sell handgun ammo. McMillon previously said Walmart was responsible for 2% of firearm sales in the US and 20% of ammunition sales. Walmart expects its share of ammunition sales to drop to between 6% and 9% as a result of the newly announced changes. The company will continue to sell the shotguns and rifles that it carries.

“In a complex situation lacking a simple solution, we are trying to take constructive steps to reduce the risk that events like these will happen again,” McMillon said in a memo to employees on Tuesday. “The status quo is unacceptable.”

Another rider on the new Wal-Mart policy affects customers who open-carry in their stores. If shoppers openly carry guns into Walmart stores going forward, store managers may ask the shopper to leave and safely secure their gun in their vehicle before returning to the store. “The policies will vary by location, however, and shoppers who are openly carrying guns may not always be asked to leave the store,” a Walmart spokesman said.

“We encourage our nation’s leaders to move forward and strengthen background checks and to remove weapons from those who have been determined to pose an imminent danger,” McMillon said. “We do not sell military-style rifles, and we believe the reauthorization of the Assault Weapons ban should be debated to determine its effectiveness.”

In the days since the new policies have taken effect, Kroger, and it’s holdings have also announced their plans to cease the sale of handgun ammunition.

It’s the belief of this writer the precedent set here is a slippery, if not inherently dangerous one. Capitalism is the lifeblood of any strong economy, and works hand-in-hand with a strong republic, but allowing a company to be swayed by social temperature is inherently dangerous, not only for the company, but the population at large.

In a quote from 2007, Jason Hornady of Hornady Ammunition said, “As long as a Hornady is at Hornady, we will never sell direct to Wal-Mart. They are no friend of the industry.”

Midsouth Shooters was founded on the tenants of honesty, family, and fairness, rooted in American and God. For a company, or organization, to be swayed by knee-jerk reactions sets a precedent of allowing the mob to dictate overreaching policies which put many in harms way. Effectively, Wal-Mart has been bullied into cow-towing to the social justice warriors, and woke-ninjas in the vocal minority.

Wal-Mart may not sell the ammo you need, and more companies beholden to the pressure of the vocal minority may follow suit. Midsouth will continue to sell the ammunition and reloading supplies you need, regardless. Our Second Amendment right is a sacred right, and for you to protect your family with the tools available, you need access to fairly priced ammunition and firearms.

PRODUCT NEWS: Shooters World SW4350 Propellant

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A newly-formulated old-favorite propellant gets put to the test by Olympian Ken Johnson. READ THE RESULTS

Ken Johnson

I’ve been having dreams about 4350. But not the kind of dreams you’d think a ballistician would have. The book, “The Art of Memory” therein provides clues as to why my brain thought it would be smart to sprinkle this stuff on my ice cream. WAIT! Before you wave your magic finger and go back to Facebook…

Well, sure enough, it’s a useful propellant. Moderately slow. Too slow for .308, but in terms of propellants better suited for higher chamber-to-bore ratios, it’s a wise choice to have on hand. And it seems to be the favorite punch to serve to the Prom Queen (Miss Jezebel Creedmoor) at the Prairie Revival School dance. More soon…

I shot 4350 in .243 Winchester with a 107 Sierra Match King, back when I won the very last 300-Meter 3-Position Rifle event at the Pan American Games, Argentina 1995. I have fond memories of Argentina. And, the accuracy of that 4350 powder.

Our manufacturer has been making 4350-speed propellant for approximately 70 years. They know the burn speed, and they know how to make it right. Recently, they upgraded the chemical stabilizer from 1940s technology to that of the European Chemical Hazards Agency compliant goop. Current vernacular describes this propellant as “REACH Compliant.” It’s good to know that you won’t be poisoned by this powder now, if you sprinkle it on your ice cream… That was a joke. Don’t do that.

Now, for those who’ve followed the history and application of THIS propellant in a parallel universe, you’ll know it to be slightly slower in burn rate than other 4350 offerings. In our analysis, we found that to be largely true.

So…about that dance with Miss Creedmoor… I decided to run a test of our SW4350 data against H4350 data to determine relative accuracy performance. It was a relatively warm July day in the Panhandle of North Florida, a few miles inland from the Forgotten Coast.

The thermometer read 94.5 degrees. The humidity would be classified as “swamp.” Mirage was switching left-to-right, and right-to-left again. Heavy at times, like shooting through a swimming pool, but as easy to read as Dick and Jane. Hornady virgin, unmolested brass. I did absolutely nothing to the brass, other than seat a primer, dump some powder, and cram in a bullet. All charges were weighed to 0.10-grains. Federal 210M primers. Nosler Accubond 130s. Fired at 250 yards. Standard SAAMI 6.5 Creedmoor chamber. I did all the gun plumbing. 1-7 twist 5-R Rock Creek 24-inch barrel. Predator action, torqued to 65 inch-pounds.

Now I’ll grant you, I didn’t shoot hundreds of rounds of each sample. But, I did double-blind the test. So, I didn’t know which ammunition I was shooting. All I knew was “1” went on top, and “2” went on the bottom. And, my apprentice had a good time playing with my head. She tends to do that, especially when “doing the dishes” is on the line! That bride of mine, she keeps life interesting.

Below, the various groups shot alternating between the two samples. According to my results, SW4350 had less vertical dispersion than the H-version.

SW4350 vs. H4350

I can tell you that the mirage was running that day. And I never noticed it boil at all. So, I cannot find cause for the vertical shots. But you be the judge, and let me know your thoughts!

ken johnson

As an added bonus to celebrate the release of the new SW4350, Shooters World Powder is covering your HAZMAT! When you buy 4 pounds of Shooters World Powder, you get FREE HAZMAT on your entire order. This is your chance to try one of the most popular powder types out there, at a better price, with some exciting results!

Click Here to shop all Shooters World Powders!

About the author: Ken Johnson works with Shooters World in the capacity of Ballistics Managing Partner, Laboratory Manager, and Ballistician. In addition, Ken has had a long and distinguished career as a championship shooter both with the USAMU and USA Olympic Team, having won numerous gold, silver, and bronze medals in the Pan American Games, World Championship, and other international events, as well as national championships at Camp Perry. 

Ultimate Reloader: Gavin’s First PRS Match

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Ultimate reloader first precision rifle series
Gavin goes prone!

Gavin’s First PRS Match: The Experience

By: Ultimate Reloader

For a long time I’ve talked with friends about trying out a PRS-style match. Life has been busy, but when the right opportunity came, I decided to give it a try. My friend and shooting partner Jim Findlay offered to help me prepare, and told me it would be “fun to shoot gas guns together”. I decided I would shoot an AR-15, and thought that would be an ideal opportunity to try something new: the 22 Nosler. I wasn’t sure exactly what I was getting myself into, but that’s typically the way things happen when you’re really trying something new. It was a great experience, and it taught me a lot about shooting. I also made some great connections and friends during the match. If you are at all interested in PRS (Precision Rifle Series, or just Precision Rifle in general) I would suggest you enter and compete in a match. You most likely won’t regret it.

In this post, I’ll talk about preparing for the match, and the experience of competing in the match. In a follow-up post, I’ll go into more detail on the gear we used, and some of the gear we’d like to try in the future. So stay tuned for that!

Preparing For the Match

There were a few things to take care of before I started practicing with Jim in earnest for the match. I decided on the rifle platform I’d be shooting: it would be the AR-MPR AR-15 rifle, but with a 22 Nosler Upper. While I was waiting for the upper and components to arrive, I started practicing with 5.56 ammunition that I thought would be close to what I’d be shooting with 22 Nosler. I signed up for the match and paid my entry fee, and then downloaded the Practiscore Match App.

Practiscore is great, because you can read about each of the stages in order to prepare for each activity within the match. Here’s an example from the match I participated in:

After reading up on the match, it was time to create a game plan with Jim, and start practicing!

Practicing For the Match

Jim and I spent quite a few range trips preparing for the match, and I did quite a bit of practice up at my place, the “Ultimate Reloader Outpost”. First up was to sort out our gear, and get on target- we started at 600 yards. As I mentioned, this initial practice was performed with a .223/5.56 AR-15 configuration. With distances going out to 700 yards on match day, I chose to load 77 grain bullets for practice in 5.56 cases. At our 600 yard practice distance, these rounds did fine, but I wasn’t as confident about going out to 700 yards as they were getting into the trans-sonic zone.

Enter the 22 Nosler. The added velocity provided by this new cartridge combined with the extreme performance of the 70 grain Nosler RDF bullets I decided to use were a great combination. Here are the first shots I fired at 600 yards after the 100 yard sight-in and testing (see bottom group on target). The first round fired at 600 yards was on-target thanks to the G7 BC supplied by Nosler and Shooter App dope I had calculated. That’s a great feeling!

During our practice sessions, Jim and I focused on prone shooting, barricade shooting, and even shooting at a moving target at almost 600 yards. It was a lot of fun, but 90 seconds (the allowed time for each stage) was proving to go *very* quickly. Would I be ready on range day? I couldn’t wait to find out. Here we have Jim (far) and myself (near) shooting at 400 yards in preparation for one of the stages:

Match Day

On match day, I was fortunate to have friends Eric Peterson and Carl Skerlong running the camera and drone respectively. That meant I could focus on the shooting stages, and final preparations. I had printed out the courses of fire, had printed a dope card and zip tied it to my rifle, had dialed in the shooter app, and had all of my gear ready to go.

Overall, the match was more fun and more laid back than I thought it would be. The guys in our squad were all really helpful, and even loaned me gear to try out when they noticed my gear wasn’t right for a particular shooting activity. One such case was when Ken Gustafson (of KYL Gear) offered to loan me one of the bags he had made. Below you can see me shooting off the infamous unstable tippy tank trap with a KYL Gear bag, and I’ll have to say- it was amazing. It helped me lock down my rifle and get on target. What a great feeling!

I did run into some trouble- I had loaded my 22 Nosler rounds to max charge weight with Varget powder and experienced some failure to feed issues during the match. Initially I thought my bolt needed more lubrication, but after the match I discovered pressure signs on the rounds I had fired to investigate what went wrong. While I didn’t have malfunctions in practice, the match day was between 96 F and 100 F at the hottest part of the day- the same time I experienced issues. I was over pressure! I switched to a slower powder after that discovery (H-380) and found 22 Nosler to run perfectly (and at higher velocity), even in similar temperatures. I learned that you have to test everything you plan to use on match day, and take into account things like weather conditions as well. I also had my bipod fly off the rifle while shooting off a barricade- but continued with the stage and did alright. Even with these challenges, I kept on “giving it my best”, and I still had a ton of fun.

Summary

PRS is all about pushing your rifle skills to edge. You may have to hit targets at four different distances in 90 seconds- and dial in your dope between each shot. These kinds of challenges are super-difficult, but with enough experience and practice, it’s amazing what you can do. I saw guys that were so smooth, steady, fast, and accurate, it was mind blowing! It doesn’t come easy, and the guys at the top of the heap are super-dedicated. One such guy named Sheldon Nalos (in my squad) told me about how he dry fired off scale replicas he made of the T-Post Fox Hunt stage- practicing again and again until he was confident he was ready.

I don’t have the goal to be at the top of the heap within the PRS community, but I do think I’ll compete in more matches- they are super fun to experience, and the friends you’ll make may just last a lifetime. If you have any thoughts of trying PRS, I say “do it”! Stay tuned, because in my next post, I’ll talk about the PRS gear I used (and wanted) and then after that it’s time to go deep into 22 Nosler.

Thanks,
Gavin

Can The Government Confiscate My Firearms During a Disaster?

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firearms confiscation

During the recent disaster wrought by Hurricane Harvey in Texas and the impending landfall in Florida of Hurricane Irma, many of our members have been asking if the government can confiscate their firearms if the Governor or Federal Government declare a state of emergency.

Following the devastation caused by Hurricane Katrina in 2005, the New Orleans police went door to door seeking people who rode out the storm in their homes to force them to comply with the forced evacuation ordered by the government. As part of the effort, the officers were also confiscating firearms.

This created an outrage among the law-abiding gun owners of the country and resulted in the passage of state and federal laws to prevent such confiscations from occurring in the future.

In 2006, Congress passed the DISASTER RECOVERY PERSONAL PROTECTION ACT OF 2006. The law was intended to prevent the government from seizing legally owned firearms during the time of a disaster. It was incorporated as an amendment to the Department of Homeland Security Appropriations Act 2007 and signed into law on October 4, 2006.

CAN THE FEDERAL GOVERNMENT CONFISCATE MY FIREARMS?

This law amended 42 U.S.C 5201 Disaster Relief and Emergency Assistance Act to add the following provision:

SEC. 706. FIREARMS POLICIES.

(a) PROHIBITION ON CONFISCATION OF FIREARMS- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may–

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

(b) LIMITATION- Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.

Following the lead of the federal government, most state legislatures adopted their own version of this law.

TEXAS LAW ON FIREARMS CONFISCATION

In Texas, Government Code Chapter 418 (EMERGENCY MANAGEMENT) permits the Governor to declare a State of Disaster which suspends certain state laws and regulations to allow local authorities to conduct rescue and recovery operations.

However, it does not allow for the seizure of any legally owned firearms, with limited exception.

Specifically,

Sec. 418.003.  LIMITATIONS.  This chapter does not:

(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition;

Sec. 418.184.  FIREARMS.

(a)  A peace officer who is acting in the lawful execution of the officer’s official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

(b)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:

(1)  arrests the individual for engaging in criminal activity; or

(2)  seizes the firearm as evidence in a criminal investigation.

To read Governor Abbott’s actual declaration, click here.

FLORIDA LAW ON FIREARMS CONFISCATION   

Article IV, Section 1(a) of the Florida Constitution permits the Governor to issue an Executive Order to declare a State of Emergency in times of a natural disaster, allowing him to enact provisions of the State’s Emergency Management Plan.

For Hurricane Irma, the Executive Order provides specific provisions regarding the activities permissible to state and local officials during the emergency, as provided for in  Florida Statutes beginning with Chapter 252.31  “State Emergency Management Act.”

In part, the Executive Order states:

Section 2. I designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him to execute the State’s Comprehensive Emergency Management Plan and other response, recover, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes.

But those powers have certain limitations with regards to firearms. In particular,

Chapter 252.36(5)(h) states the Governor may:

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. However, nothing contained in ss. 252.31-252.90 shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in the commission of a criminal act.

FINAL WORD

So, there you have it. During our times of disaster, we can all focus on recovery and not have to worry about the authorities coming along and confiscating our firearms. The Second Amendment survives disasters.

Surprising Hurricane Harvey Heroes

 

[Addendum: Due inquiries from Members, this story was updated on Sept. 7.]

U.S. VIRGIN ISLANDS CONFISCATING FIREARMS

On Tuesday, the island’s Governor ordered the National Guard to confiscate weapons and ammo that may be required for them to carry out their mission.  What that specifically means is unclear. Also, the U.S. Virgin Islands IS NOT governed by the U.S. Constitution, but instead by the “Revised Organic Act of the Virgin Islands,” a federal law approved by Congress in 1954. The island does not have its own constitution yet.

The NRA has threatened to file a lawsuit, and here is their take:

In 1997, the chairman of the House Committee on Resources asked the General Accounting Office (GAO) to clarify just how the U.S. Constitutional applies to various “U.S. Insular Areas,” including the U.S. Virgin Islands. Its findings were inconclusive and unsettling, especially to those now living under Governor Mapp’s orders. Said the report:

Under the Insular Cases and subsequent decisions, rights other than fundamental rights, even though they may be stated in the Constitution, do not apply to the territories or possessions unless the Congress makes them applicable by legislation. The Congress can by law extend the coverage of the Constitution in part or in its entirety to a territory or possession, and has done so with respect to some territories. In the absence of such congressional action, however, only fundamental rights apply.

Digging further, one finds that only parts of the Fifth Amendment are considered to be “fundamental” based on court rulings, and none of the Sixth Amendment applies. And nothing is said in the 75-page report about the Second.

If the NRA does sue and their position is sustained by the courts that people living on the island are U.S. Citizens with full protection of the U.S. Constitution, the issue will be settled. If not, or no suit is filed, those living on the island will be subjected to having their weapons confiscated by the National Guard.

September 1 is Here! This is How the Texas Gun Laws Change

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September 1 changes
The TSRA outlines the new laws taking effect September 1.

Read this release from TSRA to learn about ALL of the changes in Texas gun law on September 1. See below:

LTC Fee Reduction Legislation

(SB16 by Senator Robert Nichols/Representative Phil King)

Background:

In 1995 the Texas Legislature passed the concealed handgun license. At that time the fee to the state for the CHL was put into statute at $140 for the initial license and $70 to renew. The only discounts in 1995 were for seniors over 60 at a 50% discount and to indigents for the same 50% discount.

Over the years the Legislature created discounts for various groups such as judges, district attorneys, military, law enforcement and others but nothing for the average hardworking Texan. In addition, the process of issuing the license became streamlined.

With SB 16:

Those who would have paid $140 will now pay $40, and their renewal will also be $40. The cost will be $40 for seniors for their first license instead of $70, and a senior renewal will remain $35.

$40 is the most any Texan will pay the state for the License to Carry.

While TSRA strongly supports unlicensed possession of a handgun, the Texas license has become acceptable even to those who opposed the issue for decades.

Special thanks to Senator Robert Nichols the author of SB 16, to Representative Phil King for HB300, Representative Dustin Burrows for HB339 and to Representative Kyle Kacal for HB1024; all filed to create support for SB 16.

SB 16 was Lt. Governor Dan Patrick’s #1 priority for Texas gun owners.

Governor signed (5/26/2017)  Effective Date 9/1/2017

Caliber Requirement for LTC Qualification

(SB263 by Senator Perry/Representative Drew Springer)

Since 1995 there has been a minimum caliber requirement in the statute for the range proficiency portion of the Texas License to Carry class. Range Proficiency requires the applicant shoot a 50-round course of fire.

Currently, those seeking a license must test with a .32 caliber or higher handgun although there is no caliber requirement regarding the firearm carried by the licensee on a day to day basis.

This minimum caliber requirement negatively impacts those with hand injuries and the elderly who wish to obtain a license.

SB 263 by Senator Perry removes the caliber requirement for the range proficiency exam to obtain a Texas License to Carry.  The bill takes effect September 1.

Governor signed (6/9/2017)  Effective Date 9/1/2017

Volunteer First Responders

(HB435 by Representative Ken King/Senator Perry.)  Relating to handgun laws as they apply to licensees who are volunteer first responders.

Governor signed (June 15, 2017) Effective Date 9/1/2017

TSRA Suppressor Bill plus a Friendly Amendment

On Friday, May 19th, at 8:55 p.m. the Texas House passed HB 1819, authored by Rep. Drew Springer (R-Muenster) with Senate sponsor, Sen. Charles Perry (R-Lubbock) plus an amendment by Sen. Craig Estes (R-Wichita Falls).

HB1819 sets up Texas law in preparation for the Hearing Protection Act (HR 367) to pass in Congress. The Hearing Protection Act would remove suppressors, also known as silencers, from the provisions of the National Firearms Act (NFA). This means the purchaser of a suppressor would no longer be required to pay the suppressor dealer a deposit, fill out the form 4, transmit digital fingerprints, send BATFE $200, followed by waiting as long as a year for their application to be processed, the “tax stamp” issued and the purchase finalized.  Again, we’re only talking about suppressors. A device which simply muffles sound.

The US Congress, under our current administration, is expected to act and when the change occurs Texas law will be ready to accommodate the change. This means law-abiding Texans wanting a suppressor for their firearm will show their LTC or submit to NICS as though they were purchasing a firearm.  No forms and no $200 tax to BATFE when the Hearing Protection Act passes in Congress.

But wait, there’s more! Mossberg Shockwave!

It was brought to our attention by State Rep. Poncho Nevarez (D-Eagle Pass) and by TSRA members that the Mossberg 590 Shockwave could not be purchased in two states: Texas and Ohio. There is a Mossberg manufacturing facility in Eagle Pass.
You see BATFE does not require this 14″ barrel,  pistol grip “firearm” to be registered as an NFA device. The Shockwave is not a shoulder-mount shotgun.

The Mossberg amendment was added in the Senate by Senator Craig Estes. Thanks of course to Senator Charles Perry the Senate sponsor for HB 1819.

HB1819 has now been signed by Governor Abbott and takes effect September 1. We may have a wait to purchase a suppressor, but we will purchase the Mossberg 590 Shockwave and other similar firearms after September 1.

HB1819 Bill History with Co-Author’s List

Governor Signed (5/26/2017)  Effective Date 9/1/2017 for Texas law but we wait on Congress!

Online LTC Course Option

(HB3784 by Representative Justin Holland (R-Rockwall and Senator Van Taylor (R-Plano))

Creates an optional online course for the Texas LTC. The shooting portion must be done with a DPS certified instructor.

Governor signed (6/15/2017)  Effective Date 9/1/2017

Church Volunteer Security

Relating to the exemption from the application of the Private Security Act of certain persons who provide security services on a volunteer basis at a place of religious worship.

The original bill didn’t pass but was successfully amended to SB2065 by Senator Kelly Hancock (R-N. Richland Hills)

Governor signed (6/15/2017)  Effective Date 9/1/2017

Primary and Secondary Teachers and School Parking Lot

The language of HB1692 by Representative Cole Hefner (R-Mount Pleasant) Relating to the transportation and storage of a handgun or other firearm and ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school.

This legislation protects the jobs of hard-working primary and secondary teachers with an LTC. This group was not previously covered by the employer parking lot bill from years ago.

Neither the House Bill nor the Senate bill passed, but the language was amended.

Representative Hefner successfully amended his language to SB1566 by Senator Lois Kolkhorst (R-Brenham).

Governor signed  (6/15/2017)  Effective Date 9/1/2017

Legalize the Bowie Knife

HB1935 by Representative John Frullo/Senator John Whitmire eliminates daggers, dirks, stilettos, poniards, swords, spears, and Bowie knives from Texas law, allowing them to be carried in Texas. Governor signed (6/15/2017)  Effective Date 9/1/2017

LTC Range Qualifications and Veterans

SB138 by Senator Van Taylor/Representative Morgan Meyer to exempt certain military veterans and active duty service members with military range qualifications from the state required range portion of the LTC course. SB138 passed as an amendment to HB3784 Effective Date 9/1/2017

Big News on Big Knives Coming September 1

Can I Legally Shoot Someone If I’m Defending a Statue?

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Grant cavalry statue

 

A viral social-media post is suggesting that it may be okay to shoot someone to defend a statue. Our Independent Program Attorneys beg to differ.

Here is U.S. & Texas LawShield® Independent Attorney Edwin Walker’s response:

defend statue
Independent Program Attorney Edwin Walker

Texas LawShield recently became aware of a viral Facebook post telling people they can shoot someone vandalizing a statute.

Based on recent events, we understand the importance of knowing whether or not this is valid legal information.

It appears this viral story started as a blog post that reported on one individual’s opinion on the use of force and/or deadly force to protect public property.

The position advocated by the Facebook post cited in the blog is not a very good idea.

The defense of property justifications (TPC 9.41, 9.42, and 9.43) are all based upon the finding that the person’s conduct was based upon a “reasonable belief” that the use of force is “immediately necessary” to prevent the harm to property.

With regard to deadly force, it can only be used if the person “reasonably believes that … the land or property cannot be protected or recovered by ANY other means.”

This presents a lot of room for a jury to find that someone was unreasonable in using force or deadly force to defend against an act of criminal mischief.

Further, deadly force can never be used in response to the crime of criminal mischief in the daytime.

Many people who have commented on this post have posed a “…but what if they come at me…” scenario.

It is true that the circumstances that allow for the use of force and/or deadly force can change instantly. If a person is simply trying to stop a vandal by shouting at him or calling the police, and as a result the vandal attempts to attack the person, then the person being attacked would be justified in using force and may even escalate to deadly force to defend themselves if they have a reasonable belief that they are going to be murdered.

However, if a person were to physically intervene to stop a vandal (any offensive, unwanted, or injurious touching is an assault) and then were to be physically assaulted themselves, the issue that a jury would have to decide is whether or not the person had disqualified themselves from claiming self-defense because of their initial “assault” on the vandal.

Needless to say, this is a very complex issue and should not have been addressed by anyone in a cavalier manner.

It is unfortunate that civilized behavior in our society has devolved to such a state that it is even necessary to consider these issues.

 

To learn more, we invite Members and guests to attend seminars and workshops presented by experienced attorneys as they discuss laws regarding the legal use of force and legal use of deadly force. To stay on the right side of the law, it is critical you stay current on any legal changes. Don’t miss this opportunity. Click Gun Law Seminar to find out more. 

 

The Law of Self-Defense Explained

 

If Someone Threatens to Kill You, Can You Legally Respond?

D.C. Appeals Court Strikes Down ‘Good Reason’ Licensing Scheme

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“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits.

The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.

“In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally,” wrote Judge Thomas B. Griffith in the ruling on the case Wrenn v. District of Columbia.

Subsequently, the appeals court instructed lower courts to block the D.C. law with permanent injunctions. City officials indicated they’re exploring an appeal, while gun-control groups claim the ruling shrinks public safety in the nation’s capital.

D.C. gun laws are among the strictest in the U.S., but they’ve also faced several legal challenges in the last few years, said Kirk Evans, President of U.S. & Texas LawShield.

Evans noted that one landmark pro-gun victory was District of Columbia v. Heller in 2008 in which the U.S. Supreme Court—voting 5 to 4—struck down D.C.’s ban on handguns. Then, in 2014, another federal court prevented a proposed ban on carrying guns in public.

The D.C. Council—the enclave’s municipal government—responded by creating the “good reason” rule, which only issued permits to citizens who could prove they faced legitimate threats, Evans said.

“Simply residing in one of the District’s high-crime neighborhoods was not considered ‘good reason,’” Evans said. “This was not unnoticed by at least one member of Congress who complained colleagues were unarmed when a gunman shot up their ball practice in June.”

But, according to the appeals court’s decision, the “good reason” rule negated what the Supreme Court decided in Heller.

“The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents,” Judge Griffith wrote. “That’s enough to sink this law under (Heller).

Second Amendment advocates praised the latest ruling, including Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation (SAF).

He said the ruling “contains some powerful language that affirms what we’ve argued for many years, that requiring a so-called ‘good-cause’ to exercise a constitutionally-protected right does not pass the legal smell test.”

Gottlieb added, “We are particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”

In the days after the ruling it was too early to tell how far the case would rise through the appeals process. The Supreme Court in June declined to consider another Second Amendment case, Peruta v. California, in which the 9th U.S. Circuit Court of Appeals agreed with a San Diego County law requiring gun owners to prove they have “good cause” to apply for concealed carry permits.

But Gottlieb said the latest victory in D.C. spurs confidence among Second Amendment advocates.

“To say we are delighted with the ruling would be an understatement,” Gottlieb said. “We are simply more encouraged to keep fighting, winning firearms freedom one lawsuit at a time.” — Bill Miller, Contributor, Texas & U.S. Law Shield blog

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.

Campus Carry Part II Kicks Off at Texas Community and Junior Colleges

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The application of the state’s Campus Carry Law at community and junior colleges across Texas kicked off with a whimper—not a bang—on Tuesday (Aug. 1), to no surprise of TSRA Legislative Director Alice Tripp.

Texas LawShield Independent Program Attorney Edwin Walker visited with TSRA Legislative Director Alice Tripp in Austin earlier this year. 

“This effort started in 2007 and we’ve gone through four sessions of the Legislature and 10 public hearings,” said Tripp, who works closely with legislators as a representative of the Texas State Rifle Association.

“It has required a lot of work and effort.

“Now we will focus on making sure the state colleges follow the letter of the law,” she added, noting that every regular session of the Legislature colleges must send a report about their specific rules and regulations pertaining to the law and why they created them.

She said dire predictions of problems by the anti-gun crowd have proven to be groundless, just as when the law took effect at four-year public colleges on Aug. 1, 2016.

 

History

“There have been firearms on campuses since 1996—in the parking lots, on the grounds, in the dorms—this just opens up carrying firearms into buildings and classrooms.

“I am sure that students have been sitting next to someone carrying a handgun into a classroom all along. They were just doing it without permission—now they have permission,” she said.

Tripp pointed out that the negative attention on the issue has been focused mainly on students carrying firearms, while the driving force behind the effort to allow licensed carry on campus has come from faculty and staff members at the institutions of higher learning.

“What the faculty and staff members have told us is that they wanted to feel safe walking to their car in the parking lot after dark or in other areas where they might face a threat,” she said.

With the backing and support of the TSRA, state Senator Brian Birdwell, R-Granbury, filled SB 11, also known as the Campus Carry Law. It passed during the 2015 Legislative session.

 

Incidents

Tripp noted that incidents related to the implementation of the law last year at four-year public colleges have been limited to one accidental discharge where no one was injured and a couple of cases where licensed concealed-carry holders inadvertently entered restricted areas.

 

Campus Carry Legal Issues

On the legal side of the issue, three University of Texas at Austin professors sued the state and the university after enactment of the Campus Carry Law, claiming that the potential presence of guns in classrooms has a chilling effect on class discussion.

A federal judge rejected their claims, ruling that the professors failed to present any “concrete evidence to substantiate their fears.”

Colleges may ban or restrict firearms from certain areas of the campuses. The Legislature must review these restrictions every other year.

There was at least one demonstration opposing the implementation of the state law at community and junior colleges on Tuesday. It was a one-man protest by a San Antonio College geography instructor.

 

Minor Pushback

According to the San Antonio Express-News, the 60-year-old instructor conducted classes on Tuesday while wearing a Kevlar helmet and a flak jacket in his protest of the law.

Reaction on the comments page of the paper was mostly negative. One reader wrote that the instructor’s action was a “melodramatic and buffoonish spectacle in protest of the constitutional right of law-abiding citizens to defend themselves.” —by Ralph Winingham, Contributor, U.S. and Texas LawShield blog

 

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

 

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.