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Texas Attorney General Greg Abbott Issues Favorable Opinion On NRA-Backed Employee/Parking Lot Protection Law!

Tuesday, November 6, 2012

Last week, the NRA-ILA updated you on the recent hearing by the Texas Senate Criminal Justice Committee (here) which included a review of the implementation of Senate Bill 321, the NRA-backed employee/parking lot protection legislation sponsored by state Senator Glenn Hegar (R-Katy) and Representative Tim Kleinschmidt (R-Lexington) that was enacted during the 2011 legislative session.

A representative from the NRA-ILA testified at that hearing that some employers are claiming that their federally-approved facility security plans banning firearms in company parking lots override state law.  Other employers have posted 30.06 signs outside their parking areas in an effort to prevent or discourage employees from transporting or storing lawfully-owned firearms in their private vehicles while parked at work.  We mentioned that state Senator Bob Deuell (R-Greenville) had requested a ruling from Texas Attorney General Greg Abbott on these two points, and a formal opinion (here) was issued yesterday.

In summary, his opinion states:

* An employer subject to Section 52.061 of the Labor Code may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting the notice authorized by Section 30.06 of the Penal Code;

* A federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards is not federal law that would preempt Section 52.061 of the Labor Code; and

* No statute for which we are aware provides a specific remedy for employees whose employers violate Section 52.061.  And the state legislature has not authorized this office or any other state agency to take corrective action.  Despite the lack of a statutory remedy, an aggrieved employee may, depending on the circumstances, have the ability to sue an offending employer under the Uniform Declaratory Judgments Act.

 

We applaud and thank General Abbott for interpreting the law and its application in the manner the state legislature intended, and for upholding the rights of hard-working Texans to protect themselves in these circumstances.

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North Dakota: Important Self-Defense Bills Pass House

Tuesday, February 21, 2017

North Dakota: Important Self-Defense Bills Pass House

Today, February 21, two important pro-gun bills passed the House of Representatives.  House Bill 1169, the constitutional/permitless carry bill, passed the House with a 83-9 vote and House Bill 1310, the school carry bill, passed ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

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Hunting  

Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

New Mexico: Beware of "Fake News" Regarding HB 50!

Sunday, February 19, 2017

New Mexico: Beware of "Fake News" Regarding HB 50!

Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

News  

Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

South Dakota: Bill Introduced to Silence NRA Communications

Friday, February 17, 2017

South Dakota: Bill Introduced to Silence NRA Communications

Recently introduced in the House of Representatives is House Bill 1200, legislation that would severely limit your NRA-ILA’s ability to communicate with its membership in South Dakota.

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

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Friday, February 17, 2017

Connecticut Governor Covers for Failed Policies by Increasing Fees on Gun Owners

Times are tough in the Constitution State, where Democrat governor Dannel Malloy of Connecticut, despite governing the fifth wealthiest state in the nation, where 25% of households earn more than $100,000 and 10% earn more ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.