Category Archives: Gun Rights

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 Permits have been revoked for firearms-related violations at rates of thousandths of one percentage point.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.

“Lawful Purpose and Self Defense Act” Bill Introduced

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Utah Rep. Rob Bishop introduces bill to clarify and protect 2nd Amendment guarantees… Important!

Rob Bishop

Source: UtahPolicy.com and NRA-ILA

On May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the “Lawful Purpose and Self Defense Act.” This bill would remove ATF’s authority to use the “sporting purposes” clauses in federal law in ways that could undermine the core purpose of the 2nd Amendment. Under Chairman Bishop’s legislation, all lawful purposes — including self-defense — would have to be given due consideration and respect in the administration of federal firearms law.
The U.S. Supreme Court ruled in District of Columbia v. Heller that the core purpose of the 2nd Amendment is self-defense. Nevertheless, many federal laws that regulate the importation, possession and transfer of firearms measure the lawful utility of firearms based on their usefulness for so-called “sporting purposes.”

The term “sporting purposes” is undefined by federal statute and has been subject to several reinterpretations by the ATF and its predecessor agency. Anti-gun administrations have exploited the lack of a clear definition of “sporting purposes” to bypass Congress and impose gun control through executive fiat. The most recent (and perhaps most infamous) example of this was the Obama administration’s attempt to ban a highly popular form of ammunition for the AR-15, America’s most popular rifle. H.R. 2620 would put a stop to this for good.

Bishop offered the following statement:
“The Founding Fathers were clear when they drafted the Bill of Rights. The 2nd Amendment is about security and self-defense. Vagaries in today’s legal code pose a real threat to the right to keep and bear arms. The Obama Administration exploited this ambiguity to forward its agenda of restriction. It’s time to ensure no future Administration tramples on these freedoms guaranteed by our Constitution.”

Chris W. Cox, Executive Director of the NRA Institute for Legislative Action said:
“On behalf of the NRA’s 5-million members, I would like to thank Chairman Rob Bishop for introducing this critical legislation. It sends a clear message that Congress will no longer allow federal bureaucrats to infringe on our 2nd Amendment right to self-protection.”

The Lawful Purpose and Self-Defense Act would:

Eliminate ATF’s authority to reclassify popular rifle ammunition as “armor piercing ammunition.” The federal law governing armor piercing ammunition was passed by Congress to target handgun projectiles, but ATF has used the law to ban common rifle ammunition.

Provide for the lawful importation of any non-NFA firearm or ammunition that may otherwise be lawfully possessed and sold within the United States. ATF has used the current discretionary “sporting purposes” standard to deny the importation of firearms that would be perfectly legal to manufacture, sell, and possess in the United States.

Protect shotguns, shotgun shells, and larger caliber rifles from arbitrary classification as “destructive devices.” Classification as a destructive device subjects a firearm to the registration and taxation provision of the National Firearms Act (NFA) and creates a ban on possession of the firearm in some states.

Broaden the temporary interstate transfer provision to allow temporary transfers for all lawful purposes rather than just for “sporting purposes.”

TAKE ACTION!
Please contact your U.S. Representative and ask him or her to cosponsor and support H.R. 2620, the “Lawful Purpose and Self Defense Act.” You can call your U.S. Representative at 202-225-3121, or click HERE

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,

Student Suspended For “Liking” a Photo of an Airsoft Gun on Instagram

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Seventh-grader Zachary Bowlin last week was given a 10-day suspension from Edgewood Middle School [Ohio] for liking a picture of a gun on the social media site with the caption, “Ready.” Read more…

Source: AOL.com News and FOX19

airsoft gun school suspension

The parents of Zachary Bowlin posted a picture of the intended suspension notice which read, “The reason for the intended suspension is as follows: Liking a post on social media that indicated potential school violence.”

“I liked it, scrolling down Instagram at night about 7, 8 o’clock, I liked it,” Bowlin told FOX19. “The next morning they called me down [to the office] patted me down and checked me for weapons.”

The gun in the photo is reportedly an airsoft gun that shoots plastic pellets.

Instagram airsoft gun

The 13-year-old’s parents were angry about the suspension. “It was 10 days suspension with the possibility of expulsion. I’m like, ‘For liking a gun? Did he make a comment or threat or anything?,'” Bowlin’s father, Marty, told WLWT News in Cincinnati, “And it’s like, ‘No. He just liked a picture.’ I’m like, ‘Well, this can’t happen.'”

The school, however, stands by taking precaution right away. “When you’re dealing with school districts nowadays and there are pictures of guns, regardless of the kind of gun it is, it’s a gun,” Edgewood City Schools Superintendent Russ Fussnecker told WLWT, “I cannot just turn my head and act as if, well, I think it may have been playful and take the chance that something happens,” Fussnecker continued. “I can’t take a chance.”

The suspension was for both Bowlin and the boy who took the photo. Once Fussnecker found out the gun was for pellets, it was revoked. Bowlin can return to school without penalty. The boy who posted the photo is reportedly still under suspension.

Fussnecker told FOX19 in a statement: “Concerning the recent social media posting of a gun with the caption ‘Ready,’ and the liking of this post by another student, the policy at Edgewood City Schools reads as follows:
“The Board has a ‘zero tolerance’ of violent, disruptive, harassing, intimidating, bullying, or any other inappropriate behavior by its students.

Students are also subject to discipline as outlined in the Student Code of Conduct that occurs off school property when the misbehavior adversely affects the educational process.

As the Superintendent of the Edgewood City Schools, I assure you that any social media threat will be taken serious [sic] including those who ‘like’ the post when it potentially endangers the health and safety of students or adversely affects the educational process.”

 

Writer Sticks to Her Guns: Take This Job and…

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Stacy Washington — pro-gun, pro-Constitution columnist and talk show personality — fired for her support of Second Amendment. Read more!

Stacy Washington
READ THE ARTICLE HERE

Source: NRA-ILA

The liberal media’s absolute intolerance to everything firearm-related has struck again — the latest victim? Stacy Washington, conservative radio host, writer and avid Second Amendment defender who lost her column simply because she supports the U.S. Constitution and the opinions of fellow conservatives.

Ms. Washington’s “offense” was her most recent piece in The St. Louis Post Dispatch, Guns and the media. Written in defense of the NRA and denouncing the ignorant comparison of the nation’s oldest civil rights organization to the terrorist enterprise ISIS, the column hit a nerve with the Missouri paper and caused a near instant denouncement.

According to a statement from a Post-Dispatch editor, the paper cites an undisclosed conflict of interest and Ms. Washington’s “professional association with the National Rifle Association” as reasons for her suspension, which ultimately led to her decision to terminate her contract with the paper. The editor went on to say that his claims against Ms. Washington went beyond acceptable journalistic standards. Even though she refuted ever being paid, no apology was given and nothing more than a discussion of her suspension was promised.

Contrary to the Post-Dispatch’s claims, Ms. Washington’s appearances on NRATV were not only unpaid but also clearly disclosed on her personal website. Further, the paper ran an article on her involvement in an NRA documentary mere months before she began working for them on a freelance basis. The paper’s claim that her unpaid, voluntary connection to the NRA was unknown is factually improbable and an empty excuse to force out the conservative contributor who dared to contradict their liberal bias.

Interestingly enough, the column in question went through the proper editorial process and was approved for publication. In fact, according to Ms. Washington, the editor who reviewed and approved the column was not punished.

So why was she targeted? As she tweeted, Ms. Washington’s views did not match those of the paper. She was not the model contributor, and when she stood up to the clear bias in the editorial office, the paper stood by those pushing the anti-gun narrative and failed to defend her.

But terminating the column wasn’t enough, and they have now resorted to attacking Ms. Washington personally. Just one day before announcing cancellation of her column, the paper ran a letter to the editor labeling Ms. Washington as an NRA “shill” and condemning her opinion as shameful. We should note that among the inaccurate claims was the citation of a crowdsourced, slang dictionary. So much for journalistic integrity.

Here at the NRA, we have come to accept a certain level of bias and dismissal from the media. But what happened to Ms. Washington is shameful and shows the absolute disarray that represents today’s media. The fact that an independent conservative contributor to a prominent paper was cut, due to her well established and publicized support of a pro-firearm organization, further highlights the media’s zero-tolerance of the Second Amendment and our fundamental, constitutionally protected rights.

READ STACY’S ARTICLE HERE

WHO IS STACY WASHINGTON?
Stacy Washington, Co-Chairman of the Project 21 National Advisory Board, is the host of the Stacy on the Right Show, broadcast daily on Urban Family Talk at 3 pm EST.

Stacy is an Emmy-nominated TV personality and Air Force Veteran. She served as a weapons system analyst and was part of the Eglin Air Force Base Honor Guard. A fourth-generation decorated military veteran, she served a tour of duty in Saudi Arabia while supporting Operation Desert Shield.

Stacy’s time spent in service to our nation strengthened her stance on issues of freedom such as the Second Amendment. It also underpins her understanding of the effects of limited government on our armed forces. Additionally, Stacy is an advocate for school choice and personhood for the unborn.

Stacy is active on Twitter, where her handle is @StacyOnTheRight

Tune into Stacy’s daily radio show by downloading the Urban Family app, listening via live stream on urbanfamilytalk.com

Judicial Watch Sues ATF for Records of Attempted Reclassification of AR-15 Ammuniton

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Judicial Watch has announced that it filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, seeking records of communications related to a proposed reclassification that would effectively ban certain types of AR-15 ammunition as armor-piercing.

ball ammo

Source: Judicial Watch

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)).

The ATF is reportedly reconsidering its February 2015 proposal to revise the 2014 Regulation Guide regarding the reclassification of certain ammunition.

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 asserts 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.

The precise statutory definition of “armor-piercing ammunition” can be found in 18 U.S.C §921(a)(17).

“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.”

About Judicial Watch
Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.

For more information, visit Judicial Watch

ATF letter

Read the entire letter (PDF): Click HERE

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.

 

 

 

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.