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

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

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

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

“It has required a lot of work and effort.

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

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

 

History

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

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

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

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

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

 

Incidents

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

 

Campus Carry Legal Issues

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

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

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

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

 

Minor Pushback

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

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

 

 

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

 

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

As Temperatures Go Up in Texas, So Does Road Rage

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A recent national television report asserted that road-rage incidents are becoming more common and more deadly, with the latest incident taking place in Pennsylvania, in which a man is alleged to have shot and killed a teenage girl during a traffic merge.  Click to watch level-headed advice from your Independent Program Attorney about what to do—and what not to do—in these situations.

Hello, my name is Edwin Walker. I’m an Independent Program Attorney with Texas Law Shield.

I want to talk to you today about an issue that we see on a daily basis. In fact, you will encounter it on a daily basis — the subject of road rage. I am sure that you have all seen road rage. You may have actually been involved in a road rage incident.

Now, if you’re a responsible gun owner, I’m going to give you a few words of advice on how to react when you find yourself in one of these unfortunate road-rage incidents. While on the roadways, we all observe something that makes us upset, whether it’s poor driving, unsafe driving, or just simply somebody being very discourteous.

By all means, you should restrain yourself from engaging that person and telling them how bad their actions were because this can be perceived as an act of road rage. If you’re a lawful gun owner and you have a firearm in your vehicle, you do not want to be viewed as the aggressor in a road-rage situation.

Now, about a situation where an individual has chosen to rage against you, and you are the actual victim of road rage, if you and the other individuals are still in their automobiles, do not use your firearm to respond to any of the rager’s activities. This is because law enforcement views the fact that you’re both still safely in your metal boxes as removing any threat of immediacy that you may be harmed.

So please, if you have a gun, and somebody is raging against you, forget that you have a gun, don’t display it, don’t brandish it, don’t show it, don’t point it, and for God’s sake, don’t fire it. This could result in a lot of trouble for you. Now let’s look at a situation where a road rage incident has escalated to the point where one of the participants has actually gotten out of their vehicle. We recommend that you stay in your vehicle at all times. Do not exit your vehicle because the person who left their vehicle is going to be looked at as the aggressor.

If the other individual has exited his or her vehicle and the person is not in contact with your vehicle, and they do not have a weapon, then do not feel that you can display your weapon in the act of self-defense. People are allowed to just simply stand there and scream at you—scream whatever they want—until they make a demonstrative effort to try to harm you. There is no immediate threat that would justify displaying or shooting or brandishing your firearm.

Now, if the person shows a weapon, in particular, a firearm, the existence of a weapon would give you reasonable belief that there was an immediate threat of harm that would justify an act of force or deadly force.

Even in this situation, I would be very cautious. Now, if this situation escalates even further, where the person has actually made physical contact with your vehicle, whether they are beating on it with an instrument with their fists or they’re attempting to open your door, this would give you the facts that you would need to show that you had a reasonable belief that that individual is unlawfully and forcefully attempting to either enter your vehicle or remove you from your vehicle. This is very very important because this falls under what is commonly known in Texas as the Castle Doctrine.

The Castle Doctrine provides that an individual is given a presumption of reasonableness if they use force or deadly force in a situation where they believe that the person is unlawfully and forcefully either attempting to enter their occupied vehicle or remove somebody from their occupied vehicle. This legal presumption can be very very important because this legal presumption then says that you are allowed to use force or deadly force in response to this other individual’s actions.

We want to keep you safe out on the roadway, so keep these words of advice in mind and try to have a little less road rage out there. If we have a little less road rage, maybe we’ll have a safer world.

 

 

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.

National Legal Update: Hearing Protection Act Rolling Into Bigger Bill

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The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features. Among those features, the SHARE Act (Sportsmen’s Heritage and Recreational Enhancement Act) would do the following:

  1. Moves silencers/suppressors from Title II to Title I status.
  2. Enhances the Firearms Owners Protection Act (FOPA) language to include travel by means other than vehicles.
  3. Creates remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
  4. Eliminates the sporting-purposes language from the Gun Control Act of 1968 and the law on armor-piercing ammunition.
  5. Creates a blanket exception for shotguns to prevent arbitrary reclassification as destructive devices.

“The Hearing Protection Act has been one of the most important bills for sportsmen and women this Congress, which is why it’s common sense for it to be included in this year’s sportsman’s legislative package,” Rep. Jeff Duncan (R-S.C.) Duncan, the bill’s sponsor, told POLITICO. “By changing the outdated regulation of suppressors to an instant background check, just like the requirements to purchase a typical firearm, I hope the sportsmen and women in the United States will have greater access to noise reduction technology as they carry the hunting and recreational shooting tradition to future generations.”

“If this bill passes,” said Texas & U.S. Law Shield Independent Program Attorney Michele Byington, “it will make suppressors Title I items like firearms—that is, not National Firearms Act devices—which means they will become more common and more widely transported. However, at least 10 states will likely ban suppressors even if this becomes law. About the same number of states have some kind of restriction on ammunition-feeding devices, also known as magazines. FOPA safe travel won’t do us much good if gun owners can still be arrested for magazines and accessories.”

“Attaching the HPA to a bill that should be easier to pass suggests that Congressional Republicans may have become serious about actually passing this,” she said. “Passing this bill would be a big win.” —Texas & U.S. Law Shield Staff

 

 

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,

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.

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.

A Promise Kept: SOCIAL SECURITY GUN BAN ENDED!

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Trump Signs Repeal of Obama-Era Social Security Gun Prohibition Rule. Read more…

Source: NRA-ILA

TRUMP

On Tuesday, Feb 28, President Donald J. Trump signed the repeal of an Obama-era Social Security Administration (SSA) rule that would have resulted in some 75,000 law-abiding beneficiaries losing their Second Amendment rights each year.

The SSA rulemaking was issued in the waning weeks of Obama’s presidency and targeted those receiving disability insurance or Supplementary Security Income based on SSA’s listed mental disorders and who were appointed a “representative payee” to help them manage their benefits. The agency — for the first time in its history — sought to portray these individuals as “mental defectives” who were prohibited from acquiring or possessing firearms under federal law. It had planned to notify them of their prohibited status and to report them to NICS.

Making matters worse, the beneficiaries would have had no ability to argue about their suitability to possess firearms before their rights were lost. Instead, they would have been reduced to filing a petition for “restoration” of their rights, an expensive and bureaucratic process that would have required them to pay for a mental health evaluation and to prove they were not dangerous, a premise the government never established in the first place.

The plan drew fire not just from the NRA, but also from the ACLU and a wide range of mental health advocacy and treatment groups from across the political spectrum. Also opposing the plan was the National Council on Disability (NCD), an independent federal agency charged with advising the President, Congress, and other federal agencies regarding policies, programs, practices, and procedures that affect people with disabilities. The NCD issued a statement explaining:

Since the action was first proposed in 2013, NCD has consistently taken the position that equating the need for assistance in managing one’s finances with a false presumption of incapacity in other areas of life, including possession of a firearm, unnecessarily and unreasonably deprives individuals with disabilities of a constitutional right and increases the stigma that [affects] those who may need a representative payee. The overly broad classification of “mental disorder,” includes a wide range of limitations and a shifting set of criteria relevant to whether or not one can engage in substantial gainful activity. NCD remains steadfast in our position that this classification remains irrelevant to the question of whether one can be a responsible gun owner.

The SSA received tens of thousands of comments in opposition to the rule. The NRA-ILA’s submission explained in detail how the rule was contrary to the underlying statute, to the U.S. Constitution and would function mainly to stigmatize the SSA beneficiaries and discourage others from seeking treatment and benefits to which they were entitled. It also argued that there was no empirical support for the notion that the rule would promote public safety.

The SSA, however, ignored the comments and issued the rule essentially as proposed.

It also brazenly brushed aside proffered evidence that the targeted beneficiaries were not at any increased risk for committing violence with firearms. “We are not attempting to imply a connection between mental illness and a propensity for violence, particularly gun violence,” the SSA wrote. “Rather, we are complying with our obligations under the NIAA, which require us to provide information from our records when an individual falls within one of the categories identified in 18 U.S.C. 922(g).”

Fortunately, pro-gun majorities in the U.S. House and U.S. Senate acted quickly to disapprove the rule under the Congressional Review Act, a federal statute that allows Congress to use an expedited legislative process to overrule administrative actions passed in the waning days of an outgoing administration.

The efforts to roll back this unjustified and legally unauthorized rule were predictably met with a withering barrage of negative and fake reporting from the anti-gun media, with supposed “news” outlets issuing such ludicrous headlines as “Senate, House hand guns to seriously mentally ill.” All these reports completely ignored the fact that existing restrictions on persons who had been involuntarily committed or adjudicated mentally incompetent remained fully intact. By acting to block the rule, Congress simply disapproved the Obama administration’s attempt to create a new class of prohibited persons by “reinterpreting” a federal gun control statute passed in 1968.

President Trump’s signing of the measure not only served to help repair the damage to the Second Amendment wrought by the Obama administration, it ushered in what many hope will be a new era of respect for the right to keep and bear arms. Just over a month into his presidency, Trump signed a free-standing pro-gun bill into law.

The NRA, of course, was among the earliest and staunchest supporters of Trump’s presidential bid. We thank him for his quick action on this measure and look forward to working with him and the pro-gun majorities in Congress to protect Americans’ Second Amendment rights.

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?

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?