Tag Archives: gun rights

MSNBC Accidentally Stumbles On Defense Of 2nd Amendment Over Gov’t Violence In Venezuela

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What it looks like when you’re ‘mugged by reality.’ At :30 in it gets serious… READ IT ALL

venezula gun news

SOURCE: TheBlaze.com, Carlos Garcia

Viewers of the progressive cable news network MSNBC were stunned to hear a justification for 2nd Amendment gun rights after violence broke out in Venezuela by the government against their unarmed citizenry.

MSNBC news anchor Andrea Mitchell was speaking to their correspondent Kerry Sanders when he made what sounded like a common gun rights argument.

“This is taking longer than they thought,” said Mitchell of the U.S. efforts to unseat Venezuelan dictator Maduro, “despite the sanctions, despite the pressure, with the help of Russia and other outside forces, Maduro is hanging on.”

“Not only hanging on,” agreed Sanders, “but he appears to still control the military. You have to understand that in Venezuela, gun ownership is not something that is open to everybody, so if the military have the guns, they have the power. And as long as Nicolas Maduro controls the military, he controls the country.”

Sanders was unwittingly making the argument for gun rights in order to secure the liberty of the people against what often veers into government tyranny.

“And Juan Guaido and his supporters have tried to peacefully protest,” Sanders explained, “they have gathered in large numbers. What we saw today when he met early this morning and stood there in front of those wearing uniforms, appear to be rank and file members who have switched their allegiance. We have seen over the recent months, those who have switched their allegiance, but not en masse.”

The surprise defense of gun rights from a network that often defends and advocates for greater gun control was widely celebrated on social media by proponents of the 2nd Amendment.

Here’s the video of MSNBC becoming gun-woke:

 

NRA Applauds Indiana Gov. Eric Holcomb for Signing Comprehensive Gun Rights Bill into Law

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New Indiana law eliminates fees for gun ownership and relaxes carry restrictions. READ MORE

indiana gun law

SOURCE: NRA-ILA

The National Rifle Association’s Institute for Legislative Action (NRA-ILA) applauds Indiana Gov. Eric Holcomb for signing into law a comprehensive gun rights bill that will make it easier for law-abiding Hoosiers to defend themselves. Gov. Holcomb signed the bill into law on the stage of the NRA-ILA’s Leadership Forum at the Indiana Convention Center — Lucas Oil Stadium.

Lawmakers amended HB 1284, introduced by Rep. Jim Lucas, to include important self-defense protection from HB 1643, introduced by Rep. Ben Smaltz.

The new law expands self-defense options in the following ways:
eliminates state fees for a new five-year state License to Carry a Handgun (LTCH);
allows law-abiding gun owners greater ability to carry for self-protection in churches;
allows gun owners to register to vote when they apply for a LTCH.

“Under this new law, honest, hard-working gun owners will no longer be forced to pay $125 to exercise a fundamental right that ought to be free,” said Chris W. Cox, NRA-ILA executive director. “This law ends this abuse and ensures that the most vulnerable gun owners are able to protect themselves without worrying about the cost of a license.”

Additionally, the new law provides greater protection to gun owners. Previously, an undue burden was on the defendant in exercising the right to self-defense. Under the new law, that burden is shifted. In addition, a person who acts in self-defense and is later forced to defend themselves a second time in court can be reimbursed for the legal fees associated with their defense.

“On behalf of our more than 5 million members, I want to thank Gov. Holcomb for standing up for the rights of honest, hard-working gun owners,” added Cox. “I also want to thank Reps. Jim Lucas and Ben Smaltz for their tireless efforts promoting legislation that improves the ability of law-abiding citizens to defend themselves and their families.”

How a Democratic House Will Affect Gun Rights

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How will a Democrat-controlled House affect your Second Amendment-protected freedom? HERE’S HOW!

gun rights

SOURCE: NSSF, by Larry Keane

Democrats voted overwhelmingly for U.S. Rep. Nancy Pelosi (D-Calif.) to become Speaker of the House in the new Congress. She promises to make gun control a priority. The National Shooting Sports Foundation’s Larry Keane told the Washington Times what we can expect.

Republicans do still hold the Senate by a slim margin and President Donald J. Trump could veto legislation, so gun-control bills passed by the House aren’t likely to become law. Instead, they are more likely to be passed to create political talking points for 2020.

“Expect hearings on taxpayer-funded gun violence research, magazine restrictions, ammunition bans, age-based gun bans, and attempts to outright ban entire classes of firearms,” says Larry Keane, senior vice president and general counsel for the National Shooting Sports Foundation (NSSF), the trade association for firearms manufacturers.

“Virginia Democratic Congresswoman-elect Jennifer Wexton defeated Rep. Barbara Comstock on a platform that included banning AR-15 modern sporting rifles and standard capacity magazines. She’s just one of several newly elected members of Congress who will be looking to make good on their campaign promises,” says Mr. Keane.

Gun Control Fail: California Firearm Homicides Up 18 Percent

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California, a state with every gun control imaginable, witnessed an 18 percent rise in firearm homicides from 2014 to 2016. READ IT ALL

police line

SOURCE: Breitbart, AWR Hawkins

This rise in firearm homicides comes despite the fact that Democrats, gun control groups, and the establishment media constantly claim that states with the strictest gun controls see lower rates of violence and death.

California has universal background checks, gun registration requirements, red flag laws (i.e., Gun Violence Restraining Orders), a ten-day waiting period for gun purchases, an “assault weapons” ban, a one-gun-per-month limit on handgun purchases, a minimum firearm purchase age of 21, a ban on campus carry, a “good cause” restriction for concealed carry permit issuance, and controls on the purchase of ammunition. The ammunition controls limit law-abiding Californians to buying ammunition from state-approved vendors–all of whom are in-state sellers–and adds a fee to any ammunition bought online, also requiring that ammunition to be shipped to a state-approved vendor for pickup.

Additionally, the state mandates gun free zones in businesses where alcohol is sold for on-site consumption. Therefore, the few concealed carry permit holders in the state must enter myriad restaurants without any means of self-defense. This provides a target-rich environment for attackers who want to be sure no one can shoot back when they strike. We last saw this on November 7, 2018, when an attacker opened fire with a handgun in the gun-free Borderline Bar & Grill in Thousand Oaks, California.

Despite all the stringent gun controls a bill filed by Assemblyman Marc Levine (CA-D-10) admits California firearm homicides were up between from 2014 to 2016. The bill says, “Although California has the toughest gun laws in the nation, more effort is necessary to curtail gun violence. The Department of Corrections and Rehabilitation found that from 2014 to 2016 gun homicides increased 18 percent.” In light of this gun control failure the language of the bill goes on to suggest more gun control.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News, the host of the Breitbart podcast Bullets with AWR Hawkins, and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.

 

California: CA DOJ Issues Consumer Alert Regarding Use of Non-REAL IDs for Firearm Purchases

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Is this really necessary, or is it nothing more than another deterrent to citizens wishing to purchase a firearm? READ ABOUT IT

california

SOURCE: NRA-ILA

Earlier this year in March, we provided information regarding the use of Non-REAL-IDs for firearm purchases.

On Tuesday, November 20, Attorney General Becerra issued a consumer alert regarding the Use of “Federal Limits Apply” Driver Licenses and IDs to purchase firearms.

This consumer alert advises: Firearm Dealers may require additional documentation to prove lawful residency in the United State in the event that a “federal limits apply” identification card or drivers license is being utilized for the acquisition of a firearm. This is due to recent law revisions and the advice of the California Department of Justice to Firearms Dealers to consider requiring the additional documentation. Be sure to check with your firearms dealer ahead of time to avoid any unforeseen problems this holiday season. A firearms dealer may request one of the following documents to establish lawful residency:

  • Valid, unexpired U.S. passport or passport card
  • Certified copy of U.S. birth certificate
  • U.S. Certificate or Consular Report of Birth Abroad of a U.S. Citizen
  • Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form
  • Certified copy of birth certificate from a U.S. Territory
  • Certificate of Naturalization or U.S. Citizenship
  • Valid, unexpired Permanent Resident Card

Please continue to check the California Stand and Fight web page for updates on issues impacting your Second Amendment rights and hunting heritage in California.

Co-worker Gun-Grab an Agenda-Advancing Expansion of Rights-Denying Orders

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“Concerned a Co-Worker Is Dangerous?”a KQED News headline asks. “Bill Would Let You Petition State to Take Their Guns.” Really…

coworkers

David Codrea

To make the case for adding to the state’s citizen disarmament options, a couple examples are given of California “gun violence restraining orders” being used to take guns away under petitions filed by family members or law enforcement officers. This latest push expands the list of those eligible to initiate gun seizures to employers, co-workers, high school and college staff members and mental health workers.

The expansion is the “brainchild” of Assemblyman Phil Ting, unsurprisingly a San Francisco Democrat, and this is actually his second attempt to enact it. Also unsurprisingly, both times have been in response to murders that happened in so-called “gun-free zones,” where the killers evidently didn’t get the message (or more likely, got it loud and clear).

That this doesn’t sink in with Ting’s constituents is also no surprise. His violating Assembly rules by “ghost voting” didn’t bother them enough to give him his walking papers. And the unvarnished support he received from convicted “gun criminal” (and former rabidly “anti-gun” California politician) Leland Yee hasn’t raised any eyebrows in his district either.

On the surface — to those who don’t look too deeply below it — protection orders can sound reasonable and what the gun-grabbers call “common sense” (as long as you don’t question American citizens being stripped of a fundamental right without being convicted of anything). And that has put the ACLU, of all groups, on the right side of the issue and at odds with the NRA and no shortage of supposed “conservatives.” Per their Rhode Island chapter:

“The heart of the legislation’s [Extreme Risk Protection Order] ERPO process requires speculation — on the part of both the petitioner and judges — about an individual’s risk of possible violence. But, the ACLU analysis notes: ‘Psychiatry and the medical sciences have not succeeded in this realm, and there is no basis for believing courts will do any better. The result will likely be a significant impact on the rights of many innocent individuals in the hope of preventing a tragedy.’”

But that hasn’t stopped so-called “conservative” pundits from jumping on the protection order bandwagon. Ditto for President Donald Trump and for NRA “A”-rated Lindsey Graham, who couldn’t team up fast enough with “F”- rated Richard Blumenthal…

Unsurprisingly for those of us who follow such things, the same goes for the National Rifle Association. (Hear for yourself starting at 3:15 in their video. Saying “they should have strong due process protections” does not change the fact that such orders really don’t, and can’t by their very nature.)

“[A]s they are currently implemented, these laws come with major pitfalls and potential for serious abuse,” Doctors for Responsible Gun Ownership warns. “They violate the principles of liberty and establish a dangerous ‘guilty until proven innocent’ standard. GVROs and ERPOs passed to date violate multiple Constitutional protections beyond the Second Amendment. These include the rights to equal treatment and against unreasonable search and seizure (4th amendment), the rights of the accused (6th), and the right to due process (5th and 14th).”

And, of course, there’s another indisputable reality that none of the proponents of restraining orders want to even acknowledge, let alone talk about:

“Anyone who can’t be trusted with a gun can’t be trusted without a custodian.”

If proven violent persons are still truly dangerous, Robert J. Kukla made a brilliant observation in his 1973 classic “Gun Control,” equating their release from prison with opening the cage of a man-eating tiger and expecting a different result.

If there is “clear, convincing, admissible evidence” that a supposedly “restrained” party is a danger, how is it responsible to allow such a menace access to the rest of us until such time as it can be established that he is no longer a threat? Does anyone think he couldn’t kill with something else? Or, noting routine headlines from places like Chicago and Baltimore, that he couldn’t get a gun? Why wouldn’t he be separated from society, after being afforded real “due process,” with all appropriate protections of course?

Concessions on these measures by the NRA, which in turn gives the green light to Republicans, is nothing short of preemptive surrender. It won’t stop the Democrats from coming back for even more, especially as they perceive they are better positioned to launch their next assault.  Meanwhile, they’ll still continue screaming how the “uncompromising and extremist” NRA is “a terrorist organization” and that Republicans are “fascists.”

We know where the “slippery slope” leads, and that the violence monopolists want it all. Giving them anything makes as much sense as tossing a scrap of flesh to a circling pack of jackals and believing that will satisfy them and make them go away.

Well on its way down that slope, California is on a “gun control” binge reminiscent of an eye-rolling shark feeding frenzy. Thanks to practically unchallengeable Democrat dominance, it has the votes to do pretty much whatever it wants, so don’t be surprised if Ting’s bill passes this time, and that after it does, he and his fellow gun-grabbers, both in and outside of California, will be demanding more.

Teens’ Gun-Violence Walkout Reveals Division In Movement

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Wake up! Not everyone agrees with the anti-gun movement, and here’s an example of how forcing that view creates that much more division. MORE

walkout

SOURCE: Arkansas Online 
By CAROLYN THOMPSON and MICHAEL MELIA The Associated Press

As she addressed the crowd during the walkout at her Idaho high school, Kylee Denny faced heckles and name-calling from a group of students carrying American flags, she said. The counterprotesters included many familiar faces, including her boyfriend’s stepbrother.

To avoid making a difficult situation worse, Denny’s boyfriend stayed in class during the rally at Hillcrest High School in Idaho Falls, which was part of Wednesday’s national school walkout.

“I’m dating his stepbrother, which is really incredibly awkward and it’s very tense because he was being so hostile about losing respect for me because I was walking out,” said Denny, a 17-year-old junior who helped organize the protest.

The walkouts to protest gun violence that mobilized students across the country also created tensions in hallways and classrooms as a new generation was thrust into the debate over guns. While those calling for new restrictions stood in the spotlight, the surge of youth activism has exposed sharp differences of opinion.

Administrators and student leaders are also sorting through the fallout as some schools hand out discipline for those who defied school instructions and participated in the walkouts exactly one month after the massacre of 17 people at Marjory Stoneman Douglas High School in Parkland, Fla.

In some cases, personal relationships have been strained.

Ryler Hanosky said he was disappointed that his stepbrother, Denny’s boyfriend, did not join the counterprotest.

“He’s a hunter just like me. He likes his guns,” Hanosky said. “I told him, ‘You need to come with us,’ and he’s like, ‘No I’m just going to stay out of it.’ It kind of makes me mad a little bit.”

The rally Denny helped organize was supposed to be for school safety, not gun restrictions, she said, but some misunderstood, becoming angry and calling names.

“You’re just like, ooh, wow, OK, I have second period with you and I don’t want you to think I’m trying to destroy your constitutional rights,” she said.

In Woodbury, Conn., about 75 students walked out of class Wednesday at the 750-student Nonnewaug High School, meeting in the auditorium before walking outside. They were followed by another group of about a dozen counterdemonstrators, including some who chanted, “NRA is the only way!”

One student, Jess Dooley, 16, said the school in rural western Connecticut is small enough for her to know nearly everyone, but that she did not feel comfortable joining the walkout because of comments by gun-rights supporters. Tensions already had been high since the Parkland shooting as debate grew vehement over arming teachers, school shootings and gun control.

“Everybody knows how everyone feels about it,” she said.

The day after the walkout, Dooley said, her civics teacher defused some tension by letting students take turns sharing their opinions on the walkout.

Organizers of the national walkouts called for such measures as tighter background checks on gun purchases and a ban on weapons like the one used in the Florida shooting. A protest against gun violence is also scheduled in Washington on Saturday , and another round of school walkouts is planned for April 20, the 19th anniversary of the Columbine High shooting in Colorado.

In last week’s walkouts, some students tried to steer clear of politics entirely, including Jacob Shoemaker, a senior at Hilliard High School in Ohio, who was suspended a day for not following instructions because he stayed in a classroom instead of joining protests or the alternative, a study hall. School, he said, isn’t the place for politics, and he wasn’t taking sides.

In Pennsylvania, a superintendent issued detentions to 225 Pennridge High School students who walked out Wednesday instead of attending an assembly honoring the Parkland victims.

Elsewhere, scuffles broke out between walkout participants and students who had other ideas for how to spend the time. At Blythewood High School in South Carolina, students were packed together in a school atrium when some began talking during the moment of silence for the Parkland victims. Shoving broke out as some called for quiet.

“These kids, who were probably younger, they weren’t against the protests,” said Andrew Kilgore, an 18-year-old senior who said students would be better organized for the next demonstration. “They were just being disruptive. They wanted a reason to get out of class.”

 

NRA’s Wayne LaPierre and Chris Cox Issue Joint Statement

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NRA calls for BAFTE review on rapid-fire devices. Here’s the story…

NRA

SOURCE: NRA-ILA

The National Rifle Association issued the following statement on October 5, 2017:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

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?