Tsra/nra alert for texas pro-gun legislation


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Bartholomew Roberts
March 14, 2011, 12:22 PM
From the NRA-ILA (http://www.nramedia.org/t/44681/5760491/2468/0/):

The Texas Senate could vote on Senate Bill 321 (http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB321) as early as this Monday, March 14. Introduced by state Senator Glenn Hegar (R-Katy), SB 321 is an NRA-backed bill that would prevent employers from enacting and enforcing policies to prohibit employees from storing firearms in their locked private motor vehicles while parked at work. Texas gun owners should not have to worry about being fired for lawfully storing a firearm in their personal vehicle should they choose to carry a handgun for self-defense during their daily commutes or to transport firearms to and from their hunting leases or local shooting ranges.

Big business lobbyists may try to offer amendments to SB 321 on the Senate floor that would "carve out" particular industry sectors or require employees to notify their employers of their intent to lawfully transport and store firearms in their cars and trucks. Your state Senator needs to hear from you! Please contact your state Senator first thing on Monday and urge him or her to support SB 321 and to oppose any industry carve-out or notice-requirement amendments. Click here to locate your state Senator and find their contact information.

Also, a vote on House Bill 681 (http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB681), the House companion bill to SB 321 sponsored by state Representative Tim Kleinschmidt (R-Lexington), was delayed until this Monday, March 14 in the House Business & Industry Committee. Please continue calling and e-mailing committee members in support of HB 681 - their contact information can be found by clicking here (http://www.house.state.tx.us/committees/committee/?committee=040&session=82).

Lastly, on Wednesday, March 16, the House Committee on Homeland Security & Public Safety will consider House Bill 750, NRA-backed legislation sponsored by state Representative Joe Driver (R-Garland) that would allow Texas Concealed Handgun Licensees to protect themselves on public college and university campuses. The committee will also consider House Bill 86, a bill similar to HB 750 filed by state Representative David Simpson (R-Longview); House Bill 1167, a measure authored by state Representative Van Taylor (R-Plano) that would allow Texas Concealed Handgun Licensees (CHLs) to carry on community college and technical school campuses; and House Bill 1356, legislation sponsored by state Representative Lance Gooden (R-Terrell) that would allow Texas CHLs who are faculty, staff or employees of Texas colleges and universities to carry on campus.

Please contact committee members and urge them to support the following bills: HB 750, HB 86, HB 1167 and HB 1356. Click here for their contact information (http://www.house.state.tx.us/committees/committee/?committee=420&session=82).

Please contact your Representatives and Senators if you have not already, passing the parking lot bill is going to be a challenge and we will not see it happen unless we let them know that is what we want.

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GEM
March 14, 2011, 04:04 PM
Already done so. It is an object lesson that the power of business money trumps the talk from some so-call gun right supporting 'conservatives'. Note that the TSRA clearly indicates that Coyote Perry didn't take the opportunity to push the legislation. As Ms. Tripp states if this fails we can't blame the left anymore.

Bartholomew Roberts
March 16, 2011, 01:33 PM
Still not too late to get your voice heard if you haven't yet ;)

Bartholomew Roberts
March 16, 2011, 03:16 PM
Good news from NRA-ILA and TSRA regarding the pro-RKBA bills mentioned above:

Thanks to your phone calls and e-mails, the Texas Senate passed Senate Bill 321 by a 30 to 1 vote today with no gutting amendments. Introduced by state Senator Glenn Hegar (R-Katy), SB 321 is an NRA-backed bill that would prevent employers from enacting and enforcing policies to prohibit employees from storing firearms in their locked private motor vehicles while parked at work. Texas gun owners should not have to worry about being fired for lawfully storing a firearm in their personal vehicle should they choose to carry a handgun for self-defense during their daily commutes or to transport firearms to and from their hunting leases or local shooting ranges.

State Senator Leticia Van de Putte (D-San Antonio) offered a floor amendment which would have required employees of companies employing more than 10,000 workers at one location to notify their employer of their desire to store firearms in their cars while parked at work. During the debate, it was made clear that the only company who would have benefitted from this "mandatory notice provision" was USAA, based in her district in San Antonio . Ironically, USAA serves insurance clients who are military personnel or dependents of such! The amendment was tabled by a 22 to 8 vote. After that overwhelming outcome, no other amendments were offered which would have exempted certain industry sectors from the bill, namely, defense contractors such as Raytheon, Boeing, Bell Helicopter, BAE Systems, Lockheed and L-3, who were lobbying for exclusion from the bill.

SB 321 will now move to the state House for consideration - we will keep you posted on further action items once it receives a committee referral in that chamber. The fight is not over! These companies will continue to fight for notice requirements and exemptions in the House, so be aware of where they stand and be prepared to direct calls and e-mails into House offices in opposition to such requirements and industry "carve-outs".

Also, on Monday, the House Business & Industry Committee voted out House Bill 681, the House companion bill to SB 321 sponsored by state Representative Tim Kleinschmidt (R-Lexington). This measure now moves to the House Calendars Committee, which has full authority to determine if and when the bill gets set for consideration by the full House. It will take the balance of this week for the bill to "officially" move to Calendars. We will keep you posted on any necessary action items on this bill in the near future.

So, the fight isn't over yet; but your calls to the Senate helped get it done there and your calls to the House can still help get it done. So if you contacted your Senator, thank you! And if you haven't, there is still time to contact your House rep.

Flintknapper
March 17, 2011, 06:41 PM
Thanks to your phone calls and e-mails, the Texas Senate passed Senate Bill 321 by a 30 to 1 vote today with no gutting amendments. Introduced by state Senator Glenn Hegar (R-Katy), SB 321 is an NRA-backed bill that would prevent employers from enacting and enforcing policies to prohibit employees from storing firearms in their locked private motor vehicles while parked at work. Texas gun owners should not have to worry about being fired for lawfully storing a firearm in their personal vehicle should they choose to carry a handgun for self-defense during their daily commutes or to transport firearms to and from their hunting leases or local shooting ranges.


Unless you happen to work for the school system or an Oil/Gas company on a lease. They keep leaving that part out. ;)

Somehow...those two groups got thrown under the bus (I mean...a compromise was made).

If the bill passes and is signed into law...perhaps we can make more inroads later.

Please call your committee members and urge them pass the bill without further amendments.

Deltaboy
March 17, 2011, 07:06 PM
We are getting pressure on them.

orionengnr
March 17, 2011, 10:44 PM
I have called and written both my Congressman and my State Senator and asked each to co-sponsor or at least support these Bills.
No reply as yet, and I will keep that in mind come next election cycle... :mad:

Bartholomew Roberts
March 18, 2011, 11:17 AM
Unless you happen to work for the school system or an Oil/Gas company on a lease. They keep leaving that part out.

Somehow...those two groups got thrown under the bus (I mean...a compromise was made).

The school system exception was necessary to comply with the federal Gun-Free School Zones Act unfortunately.

I don't know about the oil/gas lease exception; but I would guess the problem there is that the oil/gas company doesn't actually own the land but just leases it from someone else and in many cases the companies are contractually bound by the terms of the oil & gas lease not to allow their employees to carry firearms on the leased lands. That can place the oil company in the position of violating the lease; but then the state law would prevent them from punishing the employee that just cost them a lease.

If the bill passes and is signed into law...perhaps we can make more inroads later.

I think the oil/gas lease exception is workable if you figure out a way to handle the problems between provisions in the private contract between Lessor/Lessee that don't penalize the Lessee. I think we are stuck with the school exception until the federal law changes.

TexasRifleman
March 18, 2011, 11:34 AM
I don't know about the oil/gas lease exception; but I would guess the problem there is that the oil/gas company doesn't actually own the land but just leases it from someone else and in many cases the companies are contractually bound by the terms of the oil & gas lease not to allow their employees to carry firearms on the leased lands. That can place the oil company in the position of violating the lease; but then the state law would prevent them from punishing the employee that just cost them a lease.

That's exactly the problem. The state cannot force a landowner to accept provisions that were not in the original lease. Most oil and gas leases I've seen specifically prohibit firearms because of way too many incidents of midnight poaching. Landowners started demanding that provision themselves. The state can't override that.

That exception isn't going away and I don't believe one can even make the argument that it should go away.

This bill is for parking lots, not every possible place an employee may be.

Flintknapper
March 18, 2011, 03:40 PM
Bartholomew Roberts wrote:


The school system exception was necessary to comply with the federal Gun-Free School Zones Act unfortunately.
Well...that is PART of the reason, since currently CHL's are excepted (unless the lot is posted 30.06) or if the firearm is unloaded AND locked in a container or gun rack.


I don't know about the oil/gas lease exception; but I would guess the problem there is that the oil/gas company doesn't actually own the land but just leases it from someone else and in many cases the companies are contractually bound by the terms of the oil & gas lease not to allow their employees to carry firearms on the leased lands. That can place the oil company in the position of violating the lease; but then the state law would prevent them from punishing the employee that just cost them a lease.
That is exactly the reason. It causes a problem for Gas/Oil companies. It is NOT because of illegal hunting problems (not that it doesn't exist). That is simply a "guise" under which the Oil/Gas companies seek to pass this legislation. If there are problems with poaching/illegal hunting (and there is some), then that is a problem for the Texas Parks & Wildlife Dept. to handle.

We don't need to legislate that! The Oil/Gas companies have found this a convenient way to "point the finger" at "poachers" instead of admitting to their employees that they purposely threw them under the bus...for sake of making business easier to do. Plain and simple.


I think the oil/gas lease exception is workable if you figure out a way to handle the problems between provisions in the private contract between Lessor/Lessee that don't penalize the Lessee.
Agreed. I am not certain exactly what needs to be done, but I do know ANYTHING can be negotiated into a lease. I did not exclude firearms from my property as a condition of my lease agreement, but some folks do.


I think we are stuck with the school exception until the federal law changes.
Yes, unfortunately it is contentious with State law many places. The good thing is, LEO are not normally "up to date" with Federal Law, so much of it goes unpracticed unless a DA gets a hold of a case they really want to press.

TexasRifleman
March 18, 2011, 04:07 PM
Agreed. I am not certain exactly what needs to be done, but I do know ANYTHING can be negotiated into a lease. I did not exclude firearms from my property as a condition of my lease agreement, but some folks do.

Right, but the state can't come in later and mandate an amendment to your lease, and that's what this law would basically do. As a property owner you wouldn't be very happy with that would you?

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