Category Archives: 2A

U.S. Law Shield News Update: Constitutional Carry

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Texas & U.S. Law Shield Independent Program Attorney Michele Byington discusses the state of Constitutional Carry with host Sam Malone.

Check out these other great articles from U.S. Law Shield:

You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from Members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?
When a Colorado member was confronted by two angry men in a grocery store parking lot, he tried to defuse the situation by showing his firearm. Watch Member Ambassador Sherry Hale explain why our Member got arrested — and learn the simple step you can take to avoid a similar fate.

Last to Call — First to Jail

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When a Colorado member was confronted by two angry men in a grocery store parking lot, he tried to defuse the situation by showing his firearm. Watch Member Ambassador Sherry Hale explain why our Member got arrested — and learn the simple step you can take to avoid a similar fate.

Check out these other great articles from U.S. Law Shield:

Texas Law Shield Independent Program Attorney Gordon Cooper says that words alone are not enough to justify use of force or deadly force in an escalating situation. But couple them with a threatening action, and it’s a whole ‘nother ballgame. Click to watch the video:
Texas Law Shield Independent Program Attorney Gordon Cooper says that words alone are not enough to justify use of force or deadly force in an escalating situation. But couple them with a threatening action, and it’s a whole ‘nother ballgame. Click to watch the video:
Springfield-Armory-Saint-right-x1200
You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from Members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?

Texas: Can Your Town Outlaw Your Guns?

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In the Lone Star State, cities and counties generally may not regulate the ownership or carry of firearms, ammunition, and knives — with a couple of pretty important exceptions. Click the video link below to watch Independent Program Attorney Edwin Walker of Walker & Byington in Houston tell you how to stay legal in the great state of Texas.

Texas is our second largest market in the U.S. so it’s important for us to impart as much info as we can. It also raises the question to many of our other larger markets (lookin at you CA!) What are your state’s regulations, and how well are you familiar with them?

Help you fellow shooters out in the comments section. Feel free to post valid links to state regulation in the comments section as a reference.

Check out these other great articles from U.S. Law Shield:

 When a Colorado member was confronted by two angry men in a grocery store parking lot, he tried to defuse the situation by showing his firearm. Watch Member Ambassador Sherry Hale explain why our Member got arrested — and learn the simple step you can take to avoid a similar fate.
Springfield-Armory-Saint-right-x1200
You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from Members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?

U.S. Law Shield News Update: Homeowners’ Rights and the Use of Deadly Force

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Texas Law Shield Independent Program Attorney Emily Taylor discusses the intricacies of the law of self defense in Texas when people are doing bad things at night. Does darkness expand your ability to protect yourself and your property?

U.S. Law Shield News Update: Gun-Deregulation Ideas Offered by BATFE

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The news of the leaked white paper for the proposal to deregulate some rules from the ATF has been making it’s way around the web this week.

In an 11-page white paper labeled “not for public distribution,” but which has been obtained by Texas & U.S. Law Shield, Ronald B. Turk, associate deputy director and chief operating officer of the Bureau of Alcohol, Tobacco, Firearms and Explosives, outlines several steps the agency could take to remove many restrictions on gun regulations, including suppressors and stabilizing braces, in the United States. Texas Law Shield Independent Program Attorney Michele Byington walks U.S. Law Shield News Host Sam Malone through the proposals.

What are your thoughts on the deregulation of these accessories?

U.S. Law Shield News Update: Judge Gorsuch Nomination

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Texas Law Shield Independent Program Attorney Michele Byington talks about the pros and cons of Judge Neal Gorsuch’s nomination to the U.S. Supreme Court. Will he likely be a friend of the 2nd Amendment, or not? Click to watch the more-in-depth interview to find out.

What are your thoughts on President Trump’s Supreme Court pick?

Trump Touts Suppressors as ‘Safety Equipment’ for Gun Owners

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As Texas & U.S. Law Shield have previously reported, advocates of hearing protection want to pursue new legislation to make suppressors easier to buy, and a key backer is Donald Trump, Jr.

“It’s about safety,” Trump Jr. explains in the video interview above recorded last September with the founder of SilencerCo Joshua Waldron. “It’s a health issue, frankly.”

“Anyone who has ever worried about hearing loss from shooting might want to lend their ears to this cause!” said  Emily Taylor, an attorney at the Houston law firm of Walker & Byington.

Now the issue is advancing on several fronts.

On January 9, 2017, Congressman Jeff Duncan (R-SC), co-chair of the Congressional Sportsmen’s Caucus (CSC), introduced H.R. 367 to remove suppressors from the National Firearms Act control and treat them the same as long guns, replacing the outdated federal transfer process with an instantaneous NICS background check.

The measure picked up 42 Republican co-sponsors, including fellow CSC member Congressman John Carter (R-TX), and one Democrat co-sponsor, CSC Co-Chair Gene Green (D-TX). The measure was immediately referred to the House Ways and Means Committee and the House Judiciary Committee.

The bill, whose official title is “To provide that silencers be treated the same as long guns,” takes a public-health angle to safeguard the hearing of the nation’s 55 million gun owners.

Sen. Mike Crapo (R-Idaho) introducted the similar Hearing Protection Act of 2017 (S. 59) in the Senate.

“This legislation will enable gun owners to have better access to hearing protection products and improve safety for the shooting sports by removing extensive wait times for burdensome paperwork processing that does not advance public safety,” said Lawrence Keane, NSSF senior vice president and general counsel. “NSSF is appreciative of Sen. Crapo’s leadership on this firearms safety issue and his willingness to stand alongside lawful American gun owners, hunters, and shooting sports enthusiasts.”

An earlier measure with the same goal is H.R. 3799, known more widely as the Hearing Protection Act of 2015.

About all the bills, Taylor explained, “Currently, the manufacture, purchase, and possession of firearm silencers are regulated by the ATF and must comply with the requirements laid out in the National Firearms Act. Similar to a short-barreled rifle or shotgun, anyone who wants a firearm suppressor must first get approval from the ATF and pay the required tax. An extended waiting period comes along with the time it takes the ATF to process these requests.”

“The Hearing Protection Act seeks to amend the law so that firearm silencers are treated the same way as long guns,” Taylor added. “The bill would make it so that there is no longer a tax associated with the transfer of a firearm silencer, and anyone who pays a tax on a silencer after October 22, 2015 could receive a refund of such tax.

“Additionally, anyone who possessed a firearm silencer would be treated as meeting any registration and licensing requirements of the NFA. Lastly, the bill would preempt certain state laws that tried to impose taxes or registration requirements on firearm silencers.”

Missoula Gun Background Check Ordinance Illegal

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Montana’s Attorney General says Missoula’s gun background check ordinance violates Montana state law.


Originally reported January 26 by Taylor Winkel, NBC Montana


“Missoula’s ordinance is outside of its authority,” Montana Attorney General Tim Fox said. Fox issued an opinion saying state law does not allow cities to exercise any power that affects the right to bear arms.

Tim Fox
Montana Attorney General Tim Fox

The ordinance in question was passed in September 2016. It requires private sellers to complete a background check before selling a gun. That means if you’re a gun owner and want to sell your firearm to a friend or colleague, you’re required to run a background check on the buyer, which means the paperwork must be handled by a federally-licensed firearms dealer.

“If there’s going to be one more extra step for somebody to get a gun that can harm somebody, either on purpose or on accident, I think ‘why not’ and create a safer environment for everyone if possible,” Jack Dawson, a Missoula resident told NBC Montana. Missoula City Council member Bryan Von Lossberg sponsored the legislation. He said that he is not surprised by the Attorney General’s decision but does not see a “clear path of appeal.” Von Lossberg says he believes the ordinance is effective and necessary but expected the ruling as the Attorney General had made his position “clear” long before the AG’s ruling was issued.

Von Lossberg also said the council was advised the ordinance was within the law by the city attorney, Jim Nugent. “He absolutely was consulted and issued an opinion making it clear the city was absolutely in its rights to pass this,” explained Von Lossberg.

The attorney general didn’t directly comment on what the city of Missoula needs to do with the ordinance, but did say common sense would be to stop enforcing the ordinance. Right now, Von Lossberg says there’s no immediate plan to appeal the Attorney General’s opinion.

Fox noted Missoula does have certain powers as a charter city, saying it does have the authority to regulate the use and carrying of firearms under state law. However, Fox says state law doesn’t allow Missoula to have an ordinance “enforcing a local regulation or ordinance requiring background checks on firearm sales or transfers within its borders.”

Montana passed a state preemption law thirty years ago to prevent a patchwork of contradictory firearms laws from being enacted across the state. The state previously allowed cities to make their own laws regarding firearms sales, Fox wrote in his opinion, but a 1985 House bill repealed that section of the MCA and replaced it with new language that still is in place. “The purpose of HB 643 was clear — only the state should decide how firearm purchases, sales, and transfers should be regulated, if at all.”


Click here to read the full legal opinion from Attorney General Tim Fox.

U.S. Law Shield: Should You Protect Thy Neighbor?

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Every Member has to make the decision to intervene in a fight — or not — based on a host of tactical and safety issues. Member Ambassador Sherry Hale interviews Texas Law Shield Independent Program Attorney Michele Byington to learn how Good Samaritans can stay out of legal trouble if faced with these dangerous situations.

Make sure to check your states laws on protecting yourself, and those around you. Every state is different. Some have clear-cut laws defining the shooters rights, some are vague, and some states have no laws on the books at all, but rather court cases by which to stand behind. Ohio is a rare case, where the shooter (person using deadly force to protect him/herself) must prove their justification for defending themselves.

Post in the comments what the law says in your state!

Gun store employees trade gunfire with fleeing men. Was it legal?

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James Hillin, owner of Full Armor Firearms, knows it is “my responsibility to make sure we are doing the right thing” when it comes to selling guns. Photo: Jon Shapley, Houston Chronicle Staff

Perhaps you heard what recently happened to our friends at Full Armor Firearms in Houston.

After 13 burglaries in five years, including one earlier this month, owner James Hillin asked two of his employees to stay overnight in the store.

During the night, two cars pulled into the parking lot. According to the Houston Chronicle, when the Full Armor workers stepped outside with their weapons, one of the five men, who were standing near the employees’ cars, shot at them. The employees were not injured, and gunfire was exchanged as the men drove away.

You can read the whole story, including an interview with owner James Hillin, the criminal backgrounds of the men who were detained, and the likelihood of the case being presented to a grand jury here:

http://www.houstonchronicle.com/news/houston-texas/houston/article/Gun-store-employees-trade-gunfire-with-fleeing-

We asked Michele Byington, an attorney at the law firm of Walker & Byington, PLLC, and independent program attorney for Texas Law Shield, for her opinion on the situation and she says the employees were acting legally.

“Here in Texas, both burglary and theft during the night time are considered crimes against which a person may use deadly force. In fact, displaying a firearm to cause apprehension that you will use it if necessary, is considered force, rather than deadly force. So the employees, even though they potentially could have used deadly force, were just using force to stop this situation when they displayed their AR-15s.”

She went on to explain that, while there are very few circumstances where you can shoot a person who is fleeing (and even then, she added, it will be an uphill battle with a jury), the fact that the criminals shot at the employees while running away, justified the return fire by the employees.

“Any time a person has a reasonable belief they are in immediate danger of death or serious bodily injury, they may use deadly force to defend themselves. And someone shooting at you definitely qualifies for that!”

Ultimately, Michele stated, the gun store employees acted well within the confines of the law.