During the recent disaster wrought by Hurricane Harvey in Texas and Hurricane Irma in Florida, many readers have been wondering whether the government can confiscate their firearms if the Governor or Federal Government declare a state of emergency. The Shooter’s Log reached out to U.S. Law Shield for the answer.
Texas has always bred some of the most patriotic citizens and some of the most rebellious—all in the same package. The new round of laws passed by the legislature shows the same patriotic rebellious spirit by putting the power in the hands of the people. New laws include reduced fees, enhanced rights to carry certain firearms and knives and enhancements to make acquiring the Licence to Carry (LTC) more convenient to obtain. Read this release from TSRA to learn about the September 1 changes to Texas gun law.
A viral social media post is suggesting that it may be okay to shoot someone to defend a statue. An Independent Program Attorney at U.S. & Texas LawShield® begs to differ. Texas LawShield recently became aware of a viral Facebook post telling people they can shoot someone vandalizing a statue.
“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits. The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.
The application of the state’s Campus Carry Law at community and junior colleges across Texas kicked off with a whimper—not a bang!—on Aug. 1, to no surprise of TSRA Legislative Director Alice Tripp.
A recent national television report asserted that road-rage incidents are becoming more common and more deadly. One of the latest incidents took place in Pennsylvania, in which a man is alleged to have shot and killed a teenage girl during a traffic merge. Click to watch level-headed advice from your Independent Program Attorney about what to do—and what not to do—in these situations.
Hello, my name is Edwin Walker. I’m an Independent Program Attorney with Texas Law Shield.
I want to talk to you today about an issue that we see on a daily basis. In fact, you will encounter it on a daily basis—the subject of road rage. I am sure that you have all seen road rage. You may have actually been involved in a road rage incident.
Now, if you’re a responsible gun owner, I’m going to give you a few words of advice on how to react when you find yourself in one of these unfortunate road-rage incidents. While on the roadways, we all observe something that makes us upset, whether it’s poor driving, unsafe driving, or just simply somebody being very discourteous.
By all means, you should restrain yourself from engaging that person and telling them how bad their actions were because this can be perceived as an act of road rage. If you’re a lawful gun owner and have a firearm in your vehicle, you do not want to be viewed as the aggressor in a road-rage situation.
Now, about a situation where an individual has chosen to rage against you, and you are the actual victim of road rage, if you and the other individuals are still in their automobiles, do not use your firearm to respond to any of the rager’s activities. This is because law enforcement views the fact that you’re both still safely in your metal boxes as removing any threat of immediacy that you may be harmed.
So please, if you have a gun, and somebody is raging against you, forget that you have a gun, don’t display it, don’t brandish it, don’t show it, don’t point it, and for God’s sake, don’t fire it. This could result in a lot of trouble for you. Now let’s look at a situation where a road rage incident has escalated to the point where one of the participants has actually gotten out of their vehicle. We recommend that you stay in your vehicle at all times. Do not exit your vehicle because the person who left their vehicle is going to be looked at as the aggressor.
If the other individual has exited his or her vehicle and the person is not in contact with your vehicle, and they do not have a weapon, then do not feel that you can display your weapon in the act of self-defense. People are allowed to just simply stand there and scream at you—scream whatever they want—until they make a demonstrative effort to try to harm you. There is no immediate threat that would justify displaying or shooting or brandishing your firearm.
Now, if the person shows a weapon, in particular, a firearm, the existence of a weapon would give you reasonable belief that there was an immediate threat of harm that would justify an act of force or deadly force.
Even in this situation, I would be very cautious. Now, if this situation escalates even further, where the person has actually made physical contact with your vehicle, whether they are beating on it with an instrument with their fists or they’re attempting to open your door, this would give you the facts that you would need to show that you had a reasonable belief that that individual is unlawfully and forcefully attempting to either enter your vehicle or remove you from your vehicle. This is very very important because this falls under what is commonly known in Texas as the Castle Doctrine.
The Castle Doctrine provides that an individual is given a presumption of reasonableness if they use force or deadly force in a situation where they believe that the person is unlawfully and forcefully either attempting to enter their occupied vehicle or remove somebody from their occupied vehicle. This legal presumption can be very very important because this legal presumption then says that you are allowed to use force or deadly force in response to this other individual’s actions.
We want to keep you safe out on the roadway, so keep these words of advice in mind and try to have a little less road rage out there. If we have a little less road rage, maybe we’ll have a safer world.
Have you ever been involved in a road rage incident? What happened? Was a firearm involved? Share your answers in the comment section.
Check out these other great articles from U.S. Law Shield and click here to become a member:
The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features.
The 85th Texas Legislature adjourned on May 29, and in the session, legislators passed several bills that enhance gun-owners’ rights in the state. Following are descriptions of several bills that have passed the Legislature and have either been signed or are awaiting Gov. Abbott’s signature:
There’s nothing quite like Texas Hog Hunting! It’s some of the most exciting hunting you can do anywhere. If you prefer hunting from a blind or stand, you can hog hunt. Prefer baiting your quarry to show up at the feeder? Texas hog hunting is for you! Hate the idea of hunting over bait but love spot and stalk hunting? Well, Texas hog hunting is for you, too! Too hot in Texas? Not at night! So, while spotlighting deer is illegal, spotlighting hogs is certainly a legal option.
A recent op-ed in The Hill newspaper points out that while professors seem to be very concerned about allowing permitted concealed handguns on college campuses, their actions don’t match their rhetoric. While a professor’s resignation at the University of Kansas gets national news attention, for example, only one out of 2,600 faculty members has left his or her post at the school.
Judicial Watch, the Washington, DC-based watchdog group, has filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) seeking records of communications inside the agency when it was considering reclassifying certain types of AR-15 ammunition as armor-piercing—and effectively banning it from civilian use.
A Texas House committee has approved legislation that would allow handguns to be carried—concealed or in a holster—without a state-issued license. Also, the Texas Senate has passed SB 1408, a bill to allow first responders to carry concealed.
The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.
Criminals can strike anywhere at any time. You should always be prepared, and carry your gun just like Luis, one of U.S. Law Shield’s members from Texas.
Independent Program Attorney Emily Taylor of Walker & Byington details the intricacies of Castle Doctrine and No Duty to Retreat laws and what they mean to gun owners in Texas.
A recent incident, in which a Waffle House waitress was fired after defending herself against an attempted robbery, shows that even when people exercise their legal right to self-defense, they can still be terminated by their employers.
This video is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?