NRA Explore
APPEARS IN Legal & Legislation

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.

TRENDING NOW

News  

Saturday, July 18, 2015

Obama's Social Security Administration to Strip Millions of Americans of their Right to Keep and Bear Arms

As the L.A. Times reported on July 18, the Social Security Administration (SSA) is currently developing a program to ...

News  

Wednesday, July 22, 2015

No Support for Military Right-to-Carry from Obama, Everytown, and Odierno

Support for allowing military personnel to carry firearms for self-protection following the terrorist attack upon military personnel in Chattanooga ...

News  

Tuesday, July 21, 2015

NRA Applauds Congressman Johnson for Swift Action on Social Security Gun Grab

The National Rifle Association’s Institute for Legislative Action (NRA-ILA) lauded Congressman Sam Johnson (R-TX), Chairman of the House Ways ...

News  

Tuesday, July 21, 2015

Presidential Candidates, Members of Congress, and Governors Call for Military Right-to-Carry

Following the murder of four U.S. Marines and a U.S. Navy sailor by a terrorist in Chattanooga, presidential ...

News  

Friday, July 24, 2015

Gun Control Group Would Endanger Military by Politicizing Firearm Procurement Process

As if misguided anti-gun policies that leave our fighting men and women defenseless stateside weren’t enough, some gun ...

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered ...

News  

Friday, July 24, 2015

"High Society" Types Sued Over Anti-Gun "Bracelets"

As the saying goes, "you can't make this stuff up." A lawsuit has been filed in Manhattan against ...

Thursday, July 23, 2015

Washington: USFS Hosting Meeting August 4 to Discuss Recreational Shooting in Snoqualmie Ranger District

The U.S. Forest Service has scheduled a second meeting to discuss recreational shooting in the Snoqualmie Ranger District ...

News  

Friday, June 5, 2015

Stop Obama's Planned Gag Order on Firearm-Related Speech

It's happening again— President Obama is using his imperial pen and telephone to curb your rights and bypass Congress ...

Saturday, July 25, 2015

California: Two Proposed Anti-Gun Ordinances Expected to be Heard on Tuesday, July 28

On Tuesday, July 28, the Los Angeles County City Council is expected to hear two proposed anti-gun ordinances. 

MORE TRENDING +
LESS TRENDING -
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.