Every Picture Tells A Story, Part XIII

Texas officially became the 20th 21st state to enact permitless or constitutional carry yesterday. Gov. Greg Abbott (R-TX) kept his promise and signed HB 1927 into law. It becomes effective on September 1st. The bill allows anyone who is age 21 and over who can legally possess a firearm to carry, openly or concealed, a handgun so long as it is a non-prohibited public place. There is an exception made for those convicted of certain misdemeanors within the past five years. They are only allowed to carry in their homes or vehicles.

GOA Texas has an excellent summary of the exceptions, the prohibited places, and what the bill contains.

With Texas becoming the 20th 21st state to allow permitless carry, there are almost as many states allowing permitless carry as there are with shall-issue carry. The addition of Texas jumps the percentage of the US population living in a permitless state from 17.6% to 26.4%. As Rob Vance who has created the graph below notes, “This is what a preference cascade looks like.”

cgwaplustexas

When Rob Vance and I started this series almost ten years ago, Illinois still had not enacted shall-issue carry. I commented that in 2011, shall-issue carry was the new norm. In 2021, we are almost to the tipping point where permitless carry will be the new norm. If large shall-issue states like Florida, Pennsylvania, Georgia, Ohio, or North Carolina were to adopt permitless carry, then we would have tipped.

We are still waiting on Gov. John Bel Edwards (D-LA) to either sign or veto Louisiana’s SB 118 allowing permitless carry. He has said he will veto it but the legislation passed with a super-majority meaning his veto would probably be overridden. Since the bill passed within the last 10 days of the legislative session, Edwards has until approximately June 24th to veto it or it becomes law without his signature.

The usual suspects are crying that blood will now run in the streets of Texas. The Demanding Moms plan to picket the Governor’s Mansion and other places to attract attention from their compliant media allies. Progress Texas is condemning it claiming a majority of Texans didn’t approve of it. As we have seen time after time, despite the hyperbole, nothing of the claimed actions does actually happen.

And This Helps Impact National Gun Policy How?

I don’t know who runs the blog NRA In Danger but they have some damn good connections. They just published an internal memo from Wayne LaPierre to NRA staffers. The gist of it is that the NRA will be moving its headquarters to Texas. Gee, I wonder if Brewer, Attorney and Counselors, does any real estate law and would they be any better at that than they are at bankruptcy law.

Here is the memo:

Not for Distribution

Dear Employees:

As we reported, the recent developments in our bankruptcy proceedings have no impact on our overarching goals or efforts to make the NRA more efficient in achieving its mission. As such, we will continue to analyze our business arrangements, cost structure, and operational demands.To that end, I am pleased to announce the formation of a special committee by President Carolyn Meadows to study issues relating to our proposed move to Texas – and to analyze the logistical requirements of those plans. First Vice President Charles Cotton will chair this committee. Second Vice President Willes Lee and board members David Coy, Joel Friedman, and Tom King will join Mr. Cotton on the committee. The following staff members will serve on a project team providing administrative resources:  Joe DeBergalis, John Frazer, Jason Ouimet, Sonya Rowling, Tyler Schropp, Vanessa Shahidi, Linda Crouch, and Jim Staples.

Our first goal is to explore moving our principal place of business to Texas. This is an executive office from which we can manage aspects of our business. Texas is home to more than 400,000 NRA members – the #1 ranked state for NRA membership. It offers a fair regulatory environment and, a positive business climate, and celebrates the Second Amendment freedoms in which we believe. This move will affect a small number of employees.

The second part of our plan involves assessing a potential relocation of our headquarters. This is an endeavor that involves the review of the real estate market, impacts to staffing, and other strategic considerations. We have engaged a leading commercial real estate firm, Colliers International, to assist with this project and we will retain other advisory firms to assist with strategic considerations. Naturally, any major decisions regarding NRA real estate will be undertaken in coordination with the Board, subject to its full approval. Importantly, there are no immediate changes planned to our staffing or programs. Any changes to our organizational structure will be made in the best interests of our members, employees, and with responsibility to achieve our core mission:  protecting the Second Amendment. We will ensure our employees have an opportunity to participate in the continued progress of our great organization. You will hear more from this committee in the weeks ahead. In the meantime, please feel free to contact Vanessa with any questions. I have never been prouder of the NRA or our collective efforts to protect the freedoms in which we believe.

Wayne

Read the comments on it made in the NRA In Danger blog.

My own comment is that the people happiest about this move are every gun control organization in America, every anti-gun politician in Congress, Bill Brewer, and perhaps Susan LaPierre as she’ll probably get that social membership at the golf club now.

The NRA is inside the Beltway for a reason: it is the best location to be if you want to impact national gun rights policy. If the politics of Virginia and Northern Virginia are not good for gun rights right now, do something about it and don’t run off to Texas like a whipped dog with its tail between its legs.

More On The NRA’s Bankruptcy Filing

There was a very interesting and informative blog post regarding the NRA’s bankruptcy filing on CreditSlips.org on Friday. The post was by Georgetown law professor Adam Levitin. Levitin is an expert on bankruptcy and business restructuring. His list of publications regarding bankruptcy includes both law books and multiple law review articles.

The post says there are many issues with the filing:

This is going to be one heck of an interesting case. There are already so many glaring issues (or should I say “targets”?): venue, good faith filing, disclosures, the automatic stay, the trustee question, fiduciary duties to pursue claims against insiders, executory employment contracts, the fate of Wayne LaPierre, and the generally overlooked governance provisions of the Bankruptcy Code.

Read the whole post. The gist of it is that by filing for bankruptcy, the NRA has opened a can of worms and there could be a lot of unintended consequences. For example, if as the NY Attorney General alleges, Wayne LaPierre has a contract that guarantees his salary for life even if removed, bankruptcy law limits that to one year’s salary.

I hope this is the last post I have to do on the NRA filing for bankruptcy for the time being. There are other important matters to write about such as the virtual Shot Show that starts today.

NRA’s Bankruptcy Petition

There are two major things of note in the National Rifle Association’s Chapter 11 bankruptcy petition. First, there is the resolution passed at the January 7, 2021 Board of Director’s meeting in Dallas giving Wayne LaPierre the authority to “reorganize or restructure the affairs of the Association.”

The second item of note contained in the bankruptcy petition is the list of unsecured creditors. At the top of that list is Ackerman McQueen with a disputed claim of $1,273,800.12. Also disputed are claims from Tony Makris’ Under Wild Skies and the Ack Mac subsidiary Mercury Group. The rest of the unsecured creditors are an assortment ranging from Google to UPS. Most seem to be related to fund raising or advertising.

What is most interesting in that list is what is not there. There is no mention of any legal bills due to William Brewer III’s firm Brewer, Attorneys and Counselors. This could mean that he is a secured creditor or that any monies due him have already been paid.

It seems obvious that this move has been in the works for many months. Sea Girt LLC was established in November 2020 according to the filing with the Texas Secretary of State’s office. Moreover, the litigation committee was set up in September and probably had been discussed many months in advance of that.

According to the letter from Wayne LaPierre, this move will not impact members as the NRA is simply leaving a toxic state for one that is welcoming.

NRA supporters will continue to enjoy all their full member benefits – from new members to Life Members to Benefactor Members. We will continue to publish and deliver your magazines. We will continue to train Americans and teach them firearm safety. We will continue to teach hunter safety. But most importantly, we will continue to fight for your freedom and the freedom of all Americans – as we have for all these years. In fact, we are expanding our national platform.

The plan aims to streamline costs and expenses, proceed with pending litigation in a coordinated and structured manner, and realize many financial and strategic advantages.

You know that our opponents will try to seize upon this news and distort the truth. Don’t believe what you read from our enemies. The NRA is not “bankrupt” or “going out of business.” The NRA is not insolvent. We are as financially strong as we have been in years. (emphasis his)

While I think it is good that the NRA ditches New York, I really wish that they had listened to Professor Joe Olson when, as a board member and expert in corporate law, he urged them to do it in 1991. Think of all the monies that would have been saved in litigation expenses that could have been used to promote the Second Amendment.

NRA To Reincorporate In Texas

After 150 years, the National Rifle Association is finally abandoning New York. They have filed a Chapter 11 bankruptcy filing in the US Bankruptcy Court for the Northern District of Texas and plan to reincorporate in Texas.

Here is the full press release sent out this afternoon by Wayne LaPierre. I will have more on the bankruptcy filing after I have had time to read it. Imagine how much time and legal expense they could have saved if they had listened to law professor Joseph Olson when he suggested as a board member in 1991.

NRA Leaves New York to Reincorporate in Texas, Announces New Strategic Plan

NRA Plans to Exit New York to Pursue Opportunity, Growth and Progress in Texas; Plan Benefits Association, Its Millions of Members, and All Supporters of the Second Amendment

Fairfax, VA – The National Rifle Association of America (“NRA”) today announced it will restructure the Association as a Texas nonprofit to exit what it believes is a corrupt political and regulatory environment in New York. The move will enable long-term, sustainable growth and ensure the NRA’s continued success as the nation’s leading advocate for constitutional freedom – free from the toxic political environment of New York.

The NRA plan, which involves utilizing the protection of the bankruptcy court, has the Association dumping New York and organizing its legal and regulatory matters in an efficient forum. The move comes at a time when the NRA is in its strongest financial condition in years.

The NRA will continue with the forward advancement of the enterprise – confronting anti-Second Amendment activities, promoting firearm safety and training, and advancing public programs across the United States. There will be no immediate changes to the NRA’s operations or workforce.  

The Association will seek court approval to reincorporate the Association in the State of Texas – home to more than 400,000 NRA members and site of the 2021 NRA Annual Meeting in Houston.

“This strategic plan represents a pathway to opportunity, growth and progress,” says NRA CEO & EVP Wayne LaPierre. “Obviously, an important part of this plan is ‘dumping New York.’ The NRA is pursuing reincorporating in a state that values the contributions of the NRA, celebrates our law-abiding members, and will join us as a partner in upholding constitutional freedom. This is a transformational moment in the history of the NRA.”

The restructuring plan aims to streamline costs and expenses, proceed with pending litigation in a coordinated and structured manner, and realize many financial and strategic advantages.

The Path Forward

The NRA will move quickly through the restructuring process. Its day-to-day operations, training programs, and Second Amendment advocacy will continue as usual.

By exiting New York, where the NRA has been incorporated for approximately 150 years, the NRA abandons a state where elected officials have weaponized the legal and regulatory powers they wield to penalize the Association and its members for purely political purposes.

In the summer of 2018, then New York Attorney General candidate Letitia James vowed that, if elected, she would use the powers of her office to investigate the “legitimacy” of the NRA.

Without a shred of evidence to support the claim, she called the Association a “terrorist organization” and a “criminal enterprise.” As promised, she commenced an “investigation” upon being elected to the Office of NYAG and, predictably, filed a lawsuit seeking to dissolve the NRA just prior to the November 2020 national election.

The NRA filed a lawsuit in August 2020 against the NYAG similar to its lawsuit against New York Governor Andrew Cuomo and the New York State Department of Financial Services, filed in 2018. The NRA pursues the defendants for attempting to “blacklist” the organization and its financial partners in violation of their First Amendment rights. The NRA will continue those legal actions.  

“Under this plan, the Association wisely seeks protection from New York officials who it believes have illegally weaponized their powers against the NRA and its members,” says William A. Brewer III, counsel to the NRA in those cases. “The NRA will continue the fight to protect the interests of its members in New York – and all forums where the NRA is unlawfully singled out for its Second Amendment advocacy.”

With respect to its headquarters, the NRA has formed a committee to study opportunities for relocating segments of its business operations to Texas or other states. The Association will analyze whether a move of its headquarters, now located in Fairfax, Virginia, is in the best interests of its members. In the meantime, the NRA’s general business operations will remain in Fairfax.

To facilitate its strategic plan and restructuring, the NRA and one of its subsidiaries filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. Chapter 11 proceedings are routinely utilized by businesses, nonprofits and organizations of all kinds to streamline legal and financial affairs.  

The NRA also announced Marschall Smith will serve as Chief Restructuring Officer. A former Senior Vice President and General Counsel of 3M Company, Smith has more than 35 years of legal and business experience with an emphasis on compliance, corporate finance, and corporate governance.

“I am honored to join the nation’s oldest and largest civil rights organization during this important time,” Smith says. “Our goal is to work through the restructuring process efficiently and quickly – even as NRA leadership approaches 2021 with renewed energy and an expanding national platform. This plan has no impact on the NRA’s most important goal:  serving its membership and protecting the Second Amendment.”

The NRA will propose a plan that provides for payment in full of all valid creditors’ claims. The Association expects to uphold commitments to employees, vendors, members, and other community stakeholders.

“The plan allows us to protect the NRA and go forward with a renewed focus on Second Amendment advocacy,” says NRA President Carolyn Meadows. “We will continue to honor the trust placed in us by employees, members and other stakeholders – following a blueprint that allows us to become the strongest NRA ever known.”

Additional Information:

Patrick J. Neligan of Neligan LLP, Dallas, Texas, is serving as debtor’s counsel; William (Wit) Davis is counsel to the NRA Board of Directors and its Special Litigation Committee; Brewer, Attorneys & Counselors, Dallas, Texas, serves as special counsel to the NRA. To learn more, please visit www.nra.org/forward.

Doing Bars And Bartenders Right In Texas

When the governor of North Carolina ordered the closing of all restaurants and bars to in-service patrons on St. Patrick’s Day, my thoughts went to the servers and the bartenders. This is not because I’m a regular patron. Rather it is because the Complementary Spouse’s first cousin just started a new job as a bartender.

Toby is very good at what he does and is very service oriented. As a result, he makes good tips whether as a server or a bartender. Immediately becoming eligible for unemployment will only replace a fraction of his income.

The NC Executive Order only tells the Alcoholic Beverage Commission to study the situation and get back to the governor in writing on regulations that they might be able to waive or show some flexibility.

Gov. Greg Abbott (R-TX) goes further than Gov. Roy Cooper (D-NC) and actually orders some things that will help bars and bartenders.

From Gov. Abbott’s press release:

Governor Greg Abbott today issued a waiver that will allow restaurants to deliver alcoholic beverages with food purchases to patrons, including beer, wine, and mixed drinks. The Governor also directed the Texas Alcoholic Beverage Commission (TABC) to waive certain provisions to allow manufacturers, wholesalers, and retailers of alcoholic beverages to repurchase or sell back unopened product. 

These waivers are in response to the financial hardship caused by COVID-19 that has disproportionately affected the hospitality industry. 

“The State of Texas is committed to supporting retailers, restaurants, and their employees,” said Governor Abbott. “These waivers will allow restaurants to provide enhanced delivery options to consumers during this temporary period of social distancing.”

Under this waiver, effective immediately, restaurants with a mixed beverage permit may sell beer, wine, or mixed drinks for delivery as long as they are accompanied by food purchased from the restaurant. 

The buy-back waiver allows alcohol distributors and manufacturers to repurchase excess inventory from restaurants, bars, and clubs affected by event cancellations due to COVID-19.

So bartenders can still make drinks for delivery and establishments can sell back their excess inventory. This keeps more people employed and allows the reallocation of inventory. I like it.

North Carolina should follow the example of Texas. However, given my home state’s antediluvian approach to anything dealing with alcoholic beverages, I’m not holding my breath.

Love This Bill Number

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Rep. Jonathan Stickland (R-TX-House 92) is a pro-gun conservative and an advocate for constitutional carry in Texas. The Texas House of Representatives has recently opened their filing of bills for the upcoming session. My friend and fellow podcaster Rachel Malone alerted me to a new bill he has introduced.

I love his announcement of it on Twitter.

 I see what he did there!

The bill text can be found here.

Smart Move On GOA’s Part

My friend and fellow co-host of the Polite Society Podcast Rachel Malone was fired last month as Operations Manager of the Texas Republican Party. It seems a certain elected official took offense to her criticism of his 40 point “school and firearm safety” proposals especially since it contained a red-flag law proposal. As a result of Gov. Abbott’s complaint as conveyed by his henchman, the Texas GOP Chairman was forced to fire Rachel.

Stupid move, Greg.

If you want to control someone it is much better to keep them under your employ. Firing them allows that person to become a free agent and return to the grass roots firearms activism for which she is known.

While I’ve known it since Monday, it is now public that Rachel will be the new Texas Director for Gun Owners of America. In that role, she will lobby the Texas legislature directly on gun rights. I know Rachel’s ultimate goal is to bring constitutional carry to Texas.

From GOA:

Springfield, VA – Gun Owners of America (GOA) announces today the hiring of Rachel Malone as Texas Director. This signifies a new focus on GOA’s advocacy within the Texas State Legislature.

Texas is a key state for GOA’s work to advance gun freedoms. Texas is known for its rich heritage of gun owners, and it deserves strong advocacy for gun rights. Knowing this, Gun Owners of America is delighted to establish a permanent presence within Texas to preserve and defend Texans’ right to keep and bear arms.

Erich Pratt, Executive Director for Gun Owners of America, stated: “Texas is facing a battle, and GOA intends to be on the forefront. As the no-compromise gun lobby, GOA looks forward to working with grassroots activists all across Texas for victories in their state.

“I’m thrilled that Rachel Malone is serving as Texas Director for GOA. She has a strong background of fighting for firearms freedom, connecting with grassroots, and advocating within the Texas Legislature. I am confident in her ability to represent Texas gun owners in protecting the essential freedom of the right to keep and bear arms.”

 By the way, the picture above of Rachel was from the recent MAG-180 held in Wisconsin where Rachel passed everything with flying colors.

Congrats to Rachel on her new position and kudos to GOA for recognizing the gem that is Rachel in hiring her as the Texas Director.

Texas Grassroots Gun Rights Coalition Responds To Gov. Abbott’s “School Safety” Proposals

This past Wednesday, May 30th, Gov. Greg Abbott (R-TX) unveiled his School and Firearm Safety Action Plan in reaction to the murders at Santa Fe High School. Among the proposals included was an extreme violence or gun violence or red flag or whatever you want to call it protective order proposal. As many have commented, if the person is so dangerous that you have to take their firearms from them, then why are they still running around on the streets?

A coalition of Texas grass roots gun rights groups have responded to his proposals. As my friend Rachel Malone has pointed out, Gov. Abbott did not seek the advice of everyday Texans nor did he reach out to the many gun rights organizations within Texas.

The release from this coalition of Texas gun rights groups is below:

TEXAS GRASSROOTS GUN RIGHTS COALITION RESPONDS TO GOVERNOR ABBOTT’S SCHOOL SAFETY ACTION PLAN

Temple, TX, May 31, 2018– Seeing a need for increased grassroots representation in the discussion on school safety and firearms-related legislation in Texas, several grassroots gun rights organizations have come together to form the Texas Grassroots Gun Rights Coalition representing over 250,000 law-abiding Texas gun owners. The coalition currently includes Lone Star Gun Rights, Open Carry Texas, Texas Firearms Freedom, and Texas Gun Rights. The leaders of these groups offer valuable contributions to the discussion, drawing on their backgrounds and expertise in the legal, teaching, self-defense, and counterintelligence and
physical security professions.

Like all Texans, our hearts break for lives lost in senseless shootings and students who have to endure the trauma of seeing their friends shot. It’s because we care so much about the gift and treasure of precious human life that we devote so much time to work guaranteeing our ability to defend it. To that end, our own proposals for school safety would include the following:

1.) Acknowledge that evil will always exist and will always find a way to achieve its end in this world unless it is stopped by those capable of opposing it. As evidenced by the failure of existing laws to prevent school shootings, it’s clear that the government and first responders will never be able to prevent harm from coming to people. The closest that they can come, however, is in not hampering the ability of law-abiding citizens to protect and defend themselves from inevitable violence and harm.

2.) The American system of government is set up so that we err on the side of not punishing those who may be innocent – there is a high standard for denial of rights. Do not allow the focus to be on preventing anyone who might possibly be under suspect of causing harm from having access to firearms — this is likely to abridge the rights and decrease the safety of peaceful, law-abiding citizens. Suggestions to strip citizens of rights based on what they might do is dangerous to liberty and our founding principles of due process.

3.) Measures such as hunker-down drills, increased background checks, and laws forbidding weapons are not proven to make our children statistically safer. Let’s instead
put our efforts toward proactive solutions that are statistically proven to make our children safer.

4.) Before any solutions can even be entertained, we must ensure that we are asking the
right questions:

– Can we stop all attacks?
– Where do most mass killings occur?
– When they occur, what works to stop them faster?
– Where do killers obtain weapons?
– What are the observed, statistical benefits in areas that have implemented
currently proposed legislative changes? What is the tradeoff?
– When violence happens, who is best positioned to protect children? What are
they willing to do, and are we hindering their ability to be effective?

5.) Don’t let fear hinder us from finding a rational solution. No good laws are made from fear, panic, and other rushed and emotional responses. Psychotic killers are gradually normalizing the American public to acts of mass violence. Let’s remove barriers to reclaiming our tools of self-defense and normalizing the sight of guns used as a line of defense against acts of violence.

6.) Lack of respect for the value of life in modern culture lowers the innate hurdle to take innocent life for youth raised in that culture. As a long-term goal, work to restore a culture of valuing life while enforcing punishments for those who destroy it.

We know that we are not alone in developing proposals to address the immensely important issue of keeping our children safe. Yesterday, Governor Abbott released a proposal for school safety. We have serious concerns with many points, particularly relating to due process, expectation of privacy, and individual liberty. In hopes of ensuring the best possible final result that protects liberty, here are some specific concerns that we hope will be addressed as we move forward.

First, from a process standpoint:

#1: From press reports it appears that everyday Texans were not represented in the Governor’s roundtable discussions to gather ideas for these proposals. It is troublesome
that Governor Abbott’s recommendations were made without the benefit of grassroots involvement that could have contributed a fresh set of ideas. We’d like to see more
grassroots input acknowledged and considered for out-of-the-box practical solutions.

#2: Important groups also may not have been solicited for their input — including (as best as we can tell) Students for Concealed Carry, Lone Star Gun Rights, Open Carry Texas,
and Texas Gun Rights. These groups have established themselves as stakeholders in any firearms-related legislation and should be included. We are confident that they will
be participating in continued dialog to help reach productive solutions. We need every tool in our toolbox to achieve the best possible result for our children.

From a proposed solutions standpoint, we offer the following solutions and responses to already posited recommendations.

Yesterday’s release:

#3: Focuses on the school marshal program to bring increased protection to schools. Despite the good intentions of this program, it was highly flawed from the start. Although
these proposals address some of the flaws, a much more effective solution is to simply drop the prohibitions on armed citizens carrying in schools by repealing Section 46.03(a)(1) of the Texas Penal Code. This would include allowing teachers and staff to carry in school should they wish to do so. Many individuals have their own high standards of training they maintain and would be happy to take responsibility for their
own safety instead of relying on a government program. The State of Texas can take action by passing a resolution calling upon the private firearms industry of this State to create non-required training programs tailored for stopping active shooters, and encourage competition across the marketplace;

#4: Pushes for unfunded mandates. Ultimately these types of measures are unlikely to be well-implemented, and/or adversely affect taxpayers;

#5: Pushes state safety mandates on charter schools, which are supposed to be deregulated for a reason. This emphasizes that public-private partnerships are actually
government-controlled despite the illusion of private entities having the freedom to run their organizations as they wish. It also shouldn’t go unnoticed that school shootings are
not happening in charter schools;

#6: Relies on federal funding. We’d prefer that Texans take responsibility for our own safety rather than be subject to inevitable strings and additional mandates forced upon
us by the federal government;

#7: Recommends the iWatch program which sounds more like a real-world version of Orwell’s 1984 “Big Brother Is Watching” concept. The example given in the plan includes
someone purchasing ammunition as an item that would trigger a possible alert on a person. We do not want people tracking when we purchase ammo — and we do not want
that innocent free-market action denigrated as an indicator of someone who may have ill intent. The program is nothing more than a feel-good effort that will create more
problems than it solves;

#8: Recommends deploying fusion centers to monitor social media. How will this not become like the TSA, but with scanners for our minds instead of our bodies? It’s security
theater with imaginary benefits and actual downsides.
We have already seen the deleterious effects these programs have had on European societies where thoughtcrimes
have become prevalent. According to the plan, innocent social media posts could be flagged for potential law enforcement action simply for talking about guns. That alone is wrong, but the risks of also stereotyping and wrongly targeting minority groups would cause great harm to those communities;

#9: Proposes “Red Flag” laws that allow a vengeful relative to threaten an individual’s gun ownership based on nothing more than a personal opinion that they’re unfit to own guns. That person could then be taken to court — without any probable cause that they’ve broken a law and without being able to defend themselves prior to having their rights stripped from them. Our justice system is supposed to prosecute and punish people who have broken an actual law — not those who are “likely” to commit a crime in the future. Wading into predictive judicial action is detrimental to a free society;

#10: Proposes changes in Safe Storage laws (Penal Code Section 46.13) which present a moral dilemma for parents who want their responsible almost-adult-child to have
access to a firearm for home protection. It forces them to choose between following the law or doing all they can to ensure their child’s safety. It treats every household under a
common standard without respect to individual circumstances.
People have been charged under this law only 62 times since 1996, leading us to believe that this change
would cause harm without adding any meaningful benefit. The proposed language doesn’t just tie it to the home; it also would apply to vehicles and makes access a felony, even if the access happened at a friend’s or extended family member’s house. Research has been clear that safe-storage laws increase violent and property crimes against law-abiding
citizens with no observable offsetting benefit in terms of reduced accidents or suicides. A perfect example of this is the Jessica Carpenter case out of California. Carpenter was babysitting when a drugged-out Jonathon David Bruce broke in and murdered two of the children before police arrived. Jessica was a trained shooter, but California safe storage laws prevented her from accessing her firearm. This is just one
example out of many and is not something we want to see in Texas;

#11: Adds mandatory reporting of lost or stolen guns, creating dangerous unintended consequences. Texans have consistently opposed creating any type of gun registry for
legitimate reasons, chief of which is that it is not a government agency’s business knowing what firearms we own or have owned. Any gun owner is already free to voluntarily report theft or loss of any item, including firearms, and this should be encouraged, but not mandated.
Arbitrary reporting deadlines are a dangerous tactic allowing rabidly anti-gun prosecutors to bring charges against otherwise law-abiding gun owners with who are potential victims of criminal activity themselves. It should be noted that California Governor Jerry Brown vetoed a law very similar to this in 2013 stating he
was “not convinced that criminalizing the failure to report a lost or stolen firearm would improve the identification of gun traffickers or help law enforcement disarm people
prohibited from possessing guns;”

#12: Fails to mention ending gun-free zones for law-abiding Texans — the least expensive and most effective way to harden schools and provide responsible adults a fighting chance at protecting themselves and their students by mitigating harm from inevitable attempts at violence. Instead of looking only at law enforcement-based solutions, look at reducing barriers for everyday Texans who are teachers and
volunteers in schools to be able to carry a firearm if they choose. This includes, but is not limited to, repealing most provisions of Penal Code Sections 46.03 and 46.035.

As Governor Abbott has clearly stated, his proposal is a starting point and not an end point. We have 6 months between now and the next legislative session to engage in dialog with interested parties and the incoming House and Senate members. We commit to doing so with the intent of
ensuring that we find solutions that increase safety for Texas schools without reducing freedom and liberty.

About Open Carry Texas: OCT is a 501(c)(4) organization dedicated to the safe and legal carry of firearms in the State of Texas in accordance with the United States and Texas
Constitution and applicable laws. Our purpose is to 1) educate all Texans about their right to carry in a safe manner; 2) to condition Texans to feel safe around law-abiding citizens that
choose to carry them; 3) encourage our elected officials to pass constitutional carry legislation for all firearms; and 4) foster a cooperative relationship with local law enforcement in the furtherance of these goals with an eye towards preventing negative encounters.

Contact CJ Grisham
Cell 254-383-8238
Email cj@opencarrytexas.org
Website http://www.opencarrytexas.org

About Lone Star Gun Rights: Lone Star Gun Rights is dedicated to the restoration of our 2nd Amendment Rights. It is our firm belief that our right to bear arms comes from beyond government, and that government has no authority to create laws or regulations concerning it. Our mission is to ensure the liberty and safety of all Texans and Americans alike by enacting Constitutional Carry and repealing the existing infringements at both the State and Federal
levels.

Contact Derek Wills
Cell 281-935-7505
Email derek@lonestargr.com
Website http://www.lonestargr.com

About Texas Gun Rights: Texas Gun Rights is organized as a 501 (c)(4) non-profit, nonpartisan grassroots citizen organization made up of gun owners and lovers of liberty. With over 300,000 members and supporters, Texas Gun Rights is the largest “No Compromise” gun rights organization in the State of Texas. Not only do we work tirelessly to defend against attacks on our Second Amendment Freedoms, but we work to advance true firearms freedom in the form of Constitutional Carry legislation. We invite all Texans who believe in freedom, liberty, and
private property to join Texas Gun Rights.

Contact Chris McNutt
Cell 972-638-7314
Email chrism@nagrhq.org
Website https://txgunrights.org/join/

About Texas Firearms Freedom: We are dedicated to making activism accessible for the everyday Texan. Our mission is to pass Constitutional Carry in Texas and to reduce legislative
barriers to Texans freely owning and carrying firearms. We train passionate grassroots activists to make their voice heard in the Texas Legislature in order to affect positive change, giving them a community so they are not alone.

Contact Rachel Malone
Cell 512-937-3006
Email rachel@texasfirearmsfreedom.com
Website https://www.texasfirearmsfreedom.com