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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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Governor Bevin Signs NRA-backed Constitutional Carry

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Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

Iowa: House Passes Bill to Improve Hunting Opportunities

Hunting  

Friday, March 22, 2019

Iowa: House Passes Bill to Improve Hunting Opportunities

On March 20th, the Iowa state House of Representatives voted 57-40 to pass House File 716 to improve hunting opportunities in Iowa by expanding the types of cartridges that may be used for hunting.  HF 716 will ...

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

NRA Praises Vermont Superior Court Decision on Magazine Bans

News  

Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

Thursday, March 21, 2019

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

The Utah Legislature has adjourned from its 2019 Legislative session.

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Monday, March 18, 2019

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Today, Assembly Bill 291 was introduced by Assemblywoman Sandra Jauregui (D-41).  This omnibus anti-gun legislation is a threat to both gun owners residing in Nevada and those who are visiting. 

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

News  

Wednesday, March 13, 2019

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

On Tuesday, U.S. Rep. Carolyn Maloney (D-NY) unabashedly embraced the tactics behind one of the most shameful policies of the Obama era, openly using the guise of her federal authority to berate and not so ...

Washington: NRA & SAF Lawsuit Against City of Edmonds Moves Forward

Thursday, March 21, 2019

Washington: NRA & SAF Lawsuit Against City of Edmonds Moves Forward

On March 20th, the Washington Superior Court rejected the defendant’s motion to dismiss the lawsuit filed by the NRA and Second Amendment Foundation against the City of Edmonds to invalidate the mandatory firearm storage ordinance ...

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

News  

Friday, March 15, 2019

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

Last month, the Senate Standing Committee on National Security and Defence (SECD) concluded two days of hearings on Bill C-71, the Liberal government’s gun control bill. (An additional hearing date has been set for March 18, ...

Indiana: Senate Committee Passes Important Self-Defense Bill

Wednesday, March 20, 2019

Indiana: Senate Committee Passes Important Self-Defense Bill

On March 20th, the Indiana state Senate Judiciary committee voted 7-3 to pass House Bill 1284 to enhance protections afforded to law-abiding citizens acting in defense of themselves and others.

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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.