Category Archives: 2A

Texas Legislative Wrap-Up: More Great News for Gun Owners

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Texas Law Shield Independent Program Attorney Edwin Walker visited with TSRA Legislative Director Alice Tripp at the Texas House of Representatives Homeland Security & Public Safety Committee hearings in Austin earlier this year. Edwin testified on a number of pending bills.

The 85th Texas Legislature adjourned on May 29, and in the session, legislators passed several bills that enhance gun-owners’ rights in the state. Following are descriptions of several bills that have passed the Legislature and have either been signed or are awaiting Gov. Abbott’s signature:

H.B. 1819

Purpose: Creates Texas Penal Code § 46.05(a)(7) which states that firearm silencers that are curios or relics, or are possessed, manufactured, transported, repaired, or sold in compliance with federal law, are not prohibited weapons. This means that if the federal “Hearing Protection Act of 2017” becomes law and removes firearm silencers from ATF regulation under the NFA, they will no longer be prohibited weapons under TPC §46.05.

Amends Texas Penal Code § 46.05 to state that prohibited weapons does not include those weapons that are not subject to the ATF registration requirement. This means that since the ATF has chosen not to regulate the Mossberg Shockwave as a short-barreled shotgun under the NFA that it is not prohibited under TPC § 46.05(a)(1)(C).

Signed by the Gov.: May 26, 2017

Effective: September 1, 2017

S.B. 16

Purpose: Amends Texas Government Code § 411.174(a) to reduce the fee for an LTC application to $40. Amends TGC § 411.185(a) to reduce the renewal fee for an LTC to $40.

Amends TGC § 411.190(c) to reduce the application fee for LTC instructors to $40.

Amends TGC § 411.194(a) to reduce the fee for a duplicate or modified LTC (currently $25) by half and reduces the renewal fee to $5, for an indigent person.

Amends TGC § 411.190(c) to reduce the application fee for LTC instructors to $40.

Amends TGC § 411.195(a) to reduce the fee for a duplicate or modified LTC (currently $25) by half and reduces the renewal fee to $5, for a person who is 60 or over.

Amends TGC § 411.1991(d) to eliminate LTC fees for peace officers.

Signed by Gov.: May 26, 2017

Effective: September 1, 2017

H.B. 435

Purpose: Creates Texas Penal Code § 46.01(18) which is a Volunteer Emergency Service Personnel (VESP), that includes volunteer firefighters, volunteer emergency medical services, or any individual who provides services for the general public during emergency situations. It specifically does not include peace officers or reserve LEOs, who are performing law enforcement duties.

Creates an exception to TPC §§ 30.06 & 30.07 for VESPs who are LTC holders.

Creates an exception to the prohibited places listed in TPC § 46.035(b)&(c) for VESPs who are LTC holders and engaged in providing emergency services. Creates a new exemption under TPC § 46.15 to the prohibited places under TPC §§ 46.02 & 46.03, for VESPs who are LTC holders and engaged in providing emergency services.

Creates an exemption to the prohibited places under TPC §§ 46.02, 46.03, & 46.035 (except correctional facilities) for LTC holders who are the attorney general, assistant attorney generals, United States Attorney, assistant United States Attorney.

Creates an exemption to Texas Government Code § 411.209 for 10 specifically listed state hospitals that can exclude handguns carried by LTC holders via a posted sign.   Also, creates a civil fine for an LTC holder who violates the sign, in addition to the existing criminal penalty.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

S.B. 263

Purpose: Amends Texas Government Code § 411.188(a) to remove the minimum caliber requirement for the firearm used to qualify during the range portion for an LTC.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

H.B. 913

Purpose: Creates Texas Penal Code § 46.01(18) (the numbering conflicts with H.B. 435) which defines Improvised Explosive Device (IED) to be a completed and operational bomb. It specifically does not include the unassembled components or an exploding target used for firearms practice, i.e. Tannerite.

Creates TPC § 46.05(7) (numbering conflicts with H.B. 1819) to add IEDs to the list of prohibited weapons.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

S.B. 1566

Purpose: Creates Texas Education Code § 37.0815 to prohibit school districts and charter schools from having employment rules that prohibit school employees who are LTC holders from keeping handguns, firearms, or ammunition, that is not in plain view, in a private, locked motor vehicle in a school-owned parking area. This does not allow a school employee to exhibit a firearm to cause alarm or personal injury or to violate TPC §§ 46.03 or 46.035.  It is important to remember that this law applies only to school employees who are LTC holders. School employees who are not LTC holders continue to be subject to school employment rules under Texas Labor Code §52.062(a)(2)(B)&(C).

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

H.B. 1935

Purpose: Amends Texas Penal Code § 46.01(6) to remove the term “Illegal” knife and create the term “Location restricted” knife. Knives will no longer be classified as throwing knife, dagger, dirk, stiletto, poniard, bowie knife, sword, or spear. The only requirement to be a “Location restricted” knife is having a blade over 5 ½ inches long, from the guard to the tip.

Creates TPC § 46.02(a-4), which prohibits a person under the age of 18 from carrying a location restricted knife except on their own property, their motor vehicle or watercraft, or under the direct supervision of a parent or legal guardian.

Creates TPC § 46.03(a-1) which adds the following prohibited places for location restricted knives to the list of weapons prohibited places already in TPC § 46.03. These places include 51% businesses, high school, collegiate, professional sporting events or interscholastic events, correctional facilities, hospitals, nursing facilities, mental hospitals, amusement parks, and places of religious worship. The offense for taking a location restricted knife into the premises of a school or educational institution is a 3rd-degree felony. The offense for taking a location restricted knife into any other prohibited place is a Class C misdemeanor. There is no requirement to give notice of the location restricted knife prohibition, i.e. no 30.06 or 30.07 criminal trespass notice, or 51% business establishment notice needed.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

H.B. 3784

Purpose: Amends Texas Government Code § 411.188 to allow for online LTC classroom qualification courses. The range portion of the LTC qualification must be done in person by a qualified instructor who will also provide an additional 1-2 hours of range instruction prior to shooting.

Amends TGC § 411.190 to create qualifications for online instruction certification.

Creates TGC §411.1993 to allow for licensed county jailers to qualify for an LTC without additional training.

Creates TGC § 411.1994 to allow for state correctional officers to qualify for an LTC without additional training.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

H.B. 867

Purpose: Creates Texas Education Code § 37.0813, that extends the school marshal program to private schools.

Amends TEC § 37.0811 to allow for one school marshal per 200 students instead of 400 students or allows for one school marshal per building on a school campus.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

S.B. 2065

Purpose: Created Texas Occupations Code § 1702.333, to allow places of religious worship to have volunteer security teams without being licensed by the TxDPS as a security guard or security company. In order to qualify under this provision, the members need to be unpaid volunteers and not wear a uniform or badge that says “Security” or gives the appearance of being a police officer, personal protection officer, or security officer. There is no restriction on members of the security team who are LTC holders from carrying their handguns.

This is still awaiting action by Gov. Abbott. If signed, it will become effective on September 1, 2017.

—Compiled and written by Independent Program Attorney Edwin Walker, a lawyer with the Walker & Byington firm in Houston.

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 — Very Safe, Despite Worries from Anti-Gunners

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By: John R. Lott Jr., Ph.D.

My recent op-ed in The Hill newspaper points out that while professors seem to be very concerned about allowing permitted concealed handguns on college campuses, their actions don’t match their rhetoric. While a professor’s resignation at the University of Kansas gets national news attention, for example, only one out of 2,600 faculty members has left his or her post at the school.

In my column, I point out that permit holders across the country have an astoundingly low rate of criminality — even lower than police officers. Permits have been revoked for firearms-related violations at rates of thousandths of one percentage point. Civilian permit holders are less likely than police officers to be convicted of a firearms violation. So, many academics’ worries about the potential for shoot-outs on campuses are overblown, if you just consider the data.

For instance, a Crime Prevention Research Center study shows that from January 1, 2005, through December 31, 2007, the yearly rate of misdemeanors and felonies by full-time police officers was .102 percent. The annual rate for Texas’ concealed-carry permit holders in the year 2015, the year campus carry was signed into law in that state, was .0102 percent, or one-tenth the rate of LE violations.

Also, from January 1, 2005, through December 31, 2007, the yearly rate for firearms violations was .017 percent. The annual rate for Texas’ concealed-carry permit holders in 2015 was .0024 percent.

In the column, I argue the purported danger in campus carry has not materialized, even though campus carry has been in effect in some states for 14 years—it became law in Colorado in 2003 and in Utah in 2004, and has become law in numerous other states since then, including Arkansas and Georgia this year. That’s enough time and enough data to have at least noticed a spike in campus criminality by concealed-carry license holders if it had happened.  —Texas & U.S. Law Shield Contributor Dr. John Lott, Jr.

John R. Lott Jr., Ph.D. is the president of the Crime Prevention Research Center and the author most recently of “The War on Guns” (Regnery, 2016).

 

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.

Bills Allowing Permitless Carry and First-Responder Carry Advance

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A Texas House committee has approved legislation that would allow handguns to be carried—concealed or in a holster—without a state-issued license. Also, the Texas Senate has passed SB 1408, a bill to allow first responders to conceal carry.

The just-passed version of HB 1911’s permitless carry provisions approved by the House Homeland Security and Public Safety Committee contained several substantial changes from previous versions.

• To carry without a permit, gun owners would have to meet existing LTC standards: be 21 years of age or older, have no criminal convictions, and be eligible to purchase a weapon under federal and state laws. The previous version would have allowed guns to be carried by those 18 and older.

• Churches and places of worship would no longer be prohibited places to carry a gun, unless they posted 30.06 and/or 30.07 signs.

• Handguns carried in the open would still be required to be kept in a holster, but the restrictions on them being in a belt or shoulder holsters would be loosened.

“This bill simply creates an unlicensed option to carrying a handgun,” said Rep. Phil King, R-Weatherford., chairman of the committee.

A competing bill, House Bill 375 by Rep. Jonathan Stickland, R-Bedford, wasn’t considered for a vote. Stickland’s legislation would allow anybody who legally owns a firearm to carry it without a license—a much broader franchise than what’s being considered in HB 1911.

“We understand that for the most part, Texans are satisfied with the current carry laws we have now. However, there is still a significant number of Texans who believe that if you’re a law-abiding citizen, you shouldn’t necessarily have to buy your way to a right to bear arms through a license,” Rep. James White (R-Hillister) told the Austin American-Statesman.

Over in the state Senate, SB 1408, brought by Senator Don Huffines (R-Dallas), would allow first responders to carry a handgun on duty if they have Licenses to Carry (LTC) and have completed a special on-duty first responder training course that will be approved by the Texas Department of Public Safety.

Senator Huffines said, “As first responders answer our cries for help, we cannot leave them exposed to attack. First responders do dangerous work and sometimes come under fire. In a time in which our police are targeted just because of their uniform and badge, we must not leave first responders disarmed and exposed to danger, either.”

If you feel that either piece of legislation should continue, please contact your representative and voice your support for these measures.

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

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations,

ATF Sued for Records Classifying AR-15 Ammunition as ‘Armor-Piercing’

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Judicial Watch, the Washington, D.C.-based watchdog group, has filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) seeking records of communications inside the agency when it was considering reclassifying certain types of AR-15 ammunition as armor-piercing—and effectively banning it from civilian use.

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

Members who want to understand the precise statutory definition of ‘armor-piercing ammunition’ can find it in 18 U.S.C §921(a)(17).

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.”  The letter asserted the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law-abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

  • All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

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

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

Federal Lawsuit Filed Against Magazine Ban

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The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.

the second amendment foundation

Joining SAF are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and six individuals, including one retired California peace officer. The lawsuit was filed in U.S. District Court for the Eastern District of California.

The complaint is a constitutional challenge to California Penal Code § 32310, as recently amended by Senate Bill 1446 and Proposition 63, and Penal Code § 32390 (the “Large-Capacity Magazine Ban”). The lawsuit alleges that if these measures are enforced as applied, they would “individually and collectively prohibit law-abiding citizens from continuing to possess, use, or acquire lawfully-owned firearms, in common use for lawful purposes such as self-defense (inside and outside the home), competition, sport, and hunting.”

“What we see in the enactment of such laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “is continued erosion by the state of its citizens’ constitutional rights guaranteed under the Second Amendment. When the U.S. Supreme Court incorporated the Second Amendment to the states via the 4th Amendment under the 2010 McDonald ruling, it automatically should have stopped this kind of prohibition.

magpul pmag ar magazine“As we state in our lawsuit,” he continued, “this magazine ban fails to provide fair or even adequate notice to law-abiding gun owners of what they may do with their personal property without being subject to criminal sanctions. In effect, this ban amounts to a backdoor form of confiscation, in part, of bearable arms that are protected by the Constitution.

“Enforcement of this ban,” Gottlieb concluded, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

 

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

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations,

And the Winner Is…

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2017 Midsouth Shooters Crawfish Cup
Welcome to the 2017 Midsouth Shooters Crawfish Cup!

It was another beautiful, and exciting trip to Lake Charles, Louisiana, for the 2017 Midsouth Shooters Crawfish Cup. After driving through the larger portion of three states, and a delicious stop at our favorite LA Po’ Boy Shop (shout out to Poor Boy Lloyd’s, in Baton Rouge, LA!!!), we found ourselves back in the warm hospitality of the Southwest Louisiana Rifle and Pistol Club.

We were thrilled to see some of our old friends, meet some interesting new folks, and see just how much the competition had grown over the last 12 months. George Mowbray, and Gary Yantis, plus a big group of some of the best volunteers money could never buy, had made even more range improvements, including making The Crawfish Cup 100% wheelchair accessible! From the new rail mover, to the concrete walkways, the range looked perfect.

George Mowbray and Louis Tomme
George Mowbray and Louis Tomme

Our field of competitors had grown, but the elite competitors were unphased. Caspian Shooter Bruce Piatt, Midsouth Shooter Kevin Angstadt, and Black Nitride Shooter Tony Holmes all brought their A-game. A new face in the top competitors bracket was Mark Itzstein. Mark’s funny, energetic, and has the skills to back up the slight ribbing he’d dish out to his fellow shooters on the line.

Kevin Angstadt, Tony Holmes, Troy Mattheyer, Bruce Piatt, and Jeremy Newell
Kevin Angstadt, Tony Holmes, Troy Mattheyer, Bruce Piatt, and Jeremy Newell
Becky Yackley prepares for the first day of competition
Becky Yackley prepares for the first day of competition

Some other folks we were excited to see again we’re Jeremy Newell, who amazed us with his skill level last year, and his extensive resume of shooting disciplines in which he competes. The Yackley’s are one of the coolest families you’ll find on the range. They compete with everything they have, which is a ton of talent, and a family bond which lifts each member of it’s circle to do better, try harder, and to always be gracious. Becky set a new ladies record on the mover this year! Tim took the high honors in his category, and Sean tore up the competition as well!

Also, the Army Marksmanship Unit took home top honors in several events, to include Metallic, as well as Production. Newcomer SPC Heinauer took third in the Metallic Sight overall, and First in Falling Plates Metallic. Their group is always one to follow. Their energy is matched only by their skill!

If you don’t know who Vera Koo is, you’re missing out. Graceful, grounded, and generous, Vera had nothing but kind words, and praise for The Crawfish Cup. She also has a ton of skill and dedication! Vera took home Grand High Lady at the cup, and donated several hundred dollars of her own money to be given as door prizes.

Vera Koo at practice day of the 2017 Crawfish Cup
Vera Koo at practice day of the 2017 Crawfish Cup

The heat and humidity were also in attendance, as well as delicious food, and strong competition. With enough shooters to fill two days, we found ourselves extremely busy with shooting of our own. We’ll have a video of the shoot coming out soon, as well as more write-ups on sponsors, who make the entire shoot possible.

The Gun Type Champions for Open, Production, and Metallic Bruce Piatt, SFC Sokolowski, and SSG Franks
The Gun Type Champions for Open, Production, and Metallic Bruce Piatt, of the Army Marksmanship unit SFC Sokolowski, and SSG Franks
Your overall winners for 2017 Crawfish Cup, Bruce Piatt overall winner, Kevin Angstadt second place, and Mark Itzstein third place
Your overall winners for 2017 Crawfish Cup, Bruce Piatt overall winner, Kevin Angstadt second place, and Mark Itzstein third place

In the end, it all came down to X-rings, and the mover. Pulling off his third win in a row, Bruce Piatt took home the esteemed Crawfish Cup, with Kevin Angstadt coming in second, and Mark Itzstein coming in third. A great group of winners, in a field of exemplary shooters. Everyone tried, had a ton of fun, and made the 2017 Midsouth Shooters Supply Crawfish Cup a huge success. We’re ready for 2018 already. Are you?

Two Bills Compete to Bring Permitless Carry to Texas

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In this interview with WBAP radio in Dallas, Independent Program Attorney Edwin Walker of Walker & Byington discusses the differences between two Texas House bills that are vying to bring permitless carry to Texas. (Audio only).

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

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

 

 

 

Crawfish Cup 2017: Welcome Back!

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We’re excited to be heading back to Lake Charles, Louisiana for the 2017 Midsouth Shooters Crawfish Cup! Familiarize yourselves with this illustrious Action Pistol Championship with our previous articles by Clicking here, and here.

Last year, we saw Bruce Piatt take the cup in a dramatic finish to what was one of the most exciting Crawfish Cup competitions yet. Team Black Nitride took all three top spots with Tony Holmes, and Doug Koenig taking second and third, respectively. Midsouth Shooter, Kevin Angstadt took home the fourth place prize.

Members of the Army Marksmanship Unit, plus Bruce Piatt and Tony Holmes find some shade on the Mover
Members of the Army Marksmanship Unit, plus Bruce Piatt and Tony Holmes find some shade on the Mover

We also saw greats like Vera Koo, and Team Yackley compete hard, and take home honors of their own. Tim Yackley won the Junior Division, and Vera achieved Grand High Lady!

Every year, The Crawfish Cup becomes more than an NRA Action Pistol event. It’s a place where greats come to hone their skills before the Flagler and Bianchi Cup Championships, and it’s a place where amateurs and professionals can compete side-by-side. The undercurrent of the shoot is always one of friendly competition, and conversation. It’s a warm environment for every shooter involved, and it’s not just the oppressing humidity of a Louisiana late spring.

Range Master George Mowbray and Head Range Officer Gary Yantis
Range Master George Mowbray and Head Range Officer Gary Yantis

We look forward to seeing all of our friends next week at The Midsouth Shooters Crawfish Cup!

Fired for Your Firearm: Do You Have any Options?

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A recent incident in which a Waffle House waitress was fired after defending herself against an attempted robbery shows that even when people exercise their legal right to self-defense, they can still be terminated by their employers.

According to WSBTV in Georgia, “Deputies said robbers gave a note to a waitress that threatened to shoot everyone unless she gave them money.” Heather Stanley, another waitress at the Newnan, Georgia eatery, went out to her car, retrieved her handgun, and “fired one shot into the air” as the would-be robbers ran to their cars.

Stanley was fired by Waffle House after the incident.

Stanley told WSBTV, “I didn’t know if they had guns. I didn’t know if they were going to their vehicle to get another one and could come back and try to get to the safe, so my instinct was to go to my car and get the gun.” Stanley added, “For trying to protect their Waffle House and trying to protect their money and to get their money back, they let me go.”

In Texas, employers can fire employees for similar policy violations. Independent Program Attorney Emily Taylor of Walker & Byington discusses the limited options fired employees in the Lone Star State have if they violate an employer’s firearms policy:

What happens if you do get fired for violating a firearms policy? Well, unfortunately, Texas is an “employment at will” state so your employer can fire you for virtually any reason, or no reason at all at any time.

So if you’re fired for violating a firearms policy, you don’t really have recourse. Firearms owners in Texas are not a protected class of persons, so you can’t come back then and sue your employer and say you were discriminated against for being a firearms owner. We reserve this protected-class status for things like race, gender, ethnicity, religion, and things of this nature.

There’s one more quirk in Texas firearms law that pertains to employers and employees, and this is having your firearm in your vehicle at work. We have a bill here in Texas that says that the general rule is employers must allow you to do this.

However, that bill doesn’t have a punishment for employers who violate this law, so at the end of the day, if you have your firearm in the car, your employer tells you that you cannot do this, and then they fire you for having your firearm in the car, unfortunately, even though, they are in violation of the statute, you have again no legal recourse because Texas is employment at will.

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

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in-state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

ATF Goes Through Major NFA Branch Reorganization

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BATFE organizational changes might mean greater processing efficiency and shorter wait time. Here’s the scoop…

Source: Recoilweb.com

If you own or have been thinking about owning an NFA item like a short-barreled rifle (SBR) or silencer, no doubt you know that processing times have been going up. The reason is ATF Rule 41F, which became active in July of 2016. The increase of required paperwork under the new rules combined with the front-loading of many submissions by those attempting to make it before the deadline have led to a larger workload for the NFA Branch. It hasn’t helped the silencer industry either.

SBR

But on April 3, 2017, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) made some major changes that amounted to a complete reorganization of the National Firearms Act (NFA) Branch.

In an attempt to better provide oversight, cut down wait times, and increase efficiency, two distinct new branches have been formed: The Industry Processing Branch (NFA IPB) and the Government Support Branch (NFA GSB).

The NFA IPB is responsible for industry forms processing and working towards refining current operations.

The duties of the NFA GSB include processing SOT applications, government transfers, exemptions, and expediting LEO/Gov requests.

Furthermore, a new NFA Division Staff Program Office has been formed to manage publications, FOIA requests, respond to data calls, and oversee the vetting of statistical data.

suppressor

These new changes just might mean greatly reduced wait times — keep your fingers crossed!