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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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Thursday, May 24, 2018

Illinois: House Passes Bill for Firearm Surrender Without Due Process

On May 23rd, the Illinois state House of Representatives voted 80-32 to pass House Amendment 2 to House Bill 2354 to allow Second Amendment rights to be revoked without due process.  HA 2 to HB 2354 now ...

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

Tuesday, May 22, 2018

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

On May 23rd, the Massachusetts state House of Representatives will be voting on House Bill 4517, which would allow firearms to be seized from individuals following baseless accusations without proper due process.

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Thursday, May 17, 2018

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Yesterday, NRA filed a legal challenge in the Thurston County Superior Court objecting to the misleading and inadequate ballot title for Initiative 1639, which seeks to further restrict the Second Amendment rights of Washington's law-abiding citizens.  The Thurston ...

Illinois: Gun Control Bills to be Heard This Week

Tuesday, May 22, 2018

Illinois: Gun Control Bills to be Heard This Week

The Illinois state House of Representatives can take action any day on House Amendment 1 to Senate Bill 2580 to expand the 72 hour waiting period to all firearms.  On May 24th, the Illinois state ...

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

Hunting  

News  

Friday, May 11, 2018

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

We have recently been reporting on the bizarre anti-gun activism of one of the nation’s larger firearm retailers, Dick’s Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi-automatic ...

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

News  

Friday, May 25, 2018

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

On Thursday, the Trump Administration published two rulemakings designed to enhance the competitiveness of American companies in the firearms and ammunition sectors, remove burdens for small businesses, and modernize export controls for the post-Cold War ...

Illinois: House Considering New Bill to Shut Down Your Gun Store

Thursday, May 24, 2018

Illinois: House Considering New Bill to Shut Down Your Gun Store

Today, the Illinois state House Judiciary-Criminal Committee voted 8-3 to pass Senate Amendment 3 to Senate Bill 337, which would shut down your local gun stores with onerous red tape and regulations.  Governor Bruce Rauner ...

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Tuesday, May 22, 2018

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Yesterday, the Senate Budget and Appropriations Committee considered and passed multiple anti-gun measures. 

Guide To The Interstate Transportation Of Firearms

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 as legal advice or a restatement of law.

Washington Times  

Wednesday, May 23, 2018

Elizabeth Warren vows to refuse NRA money after never receiving such donations in the past

Sen. Elizabeth Warren has vowed to do something about mass shootings by refusing to accept campaign donations from the National Rifle Association, even though she’s never received any money from the organization in the past.

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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.