It has come to my attention that several large employers in the Dallas area, including Frito-Lay, UPS, and TI, are routinely violating the rights of employees regarding the transportation and storage of firearms and ammunition.
In Texas, any private employer can independently determine their own policy for the legal carry of firearms in their workplace. That is, someone who holds a valid CHL, or is otherwise allowed by law to carry a firearm, can still be disallowed from carrying on the premises of a private business, either by internal policy (Employee Handbook; applies only to employees) or by posting the legally required notice specified by PC 30.06. However, said employers CANNOT include in that prohibition any public OR PRIVATE driveways, parking lots, or parking garages, even if they own them, and even if they are not open to the public.
The Texas Legislature specifically gave Concealed Handgun Licensees the ability to store handguns and ammo in their personal vehicles at work. This applies to all private and most public employers, with limited exceptions as noted below, and is non-negotiable. While it is true that you could be fired for some other reason, that is also illegal, and the employer could be sued for illegal termination, either by you, or Federally by the EEOC. This is especially true if you had not been the subject of multiple warnings with documented corrective actions.
If your rights have been violated by an employer in this regard, you can report them anonymously to the EEOC, or better yet, send a copy of the Employee Handbook to the Texas State Rifle Association. In several cases, companies have quietly changed their policies after learning that the TSRA/NRA were considering legal action against them. You can stay in the background on this.
The relevant sections of the Texas Penal Code and Government Code are included below. Note that "premises" as defined by PC 46.035(f)(3) does NOT include parking lots, areas, or garages.
============================================================
52.061. Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition.
A
public or private employer may not prohibit an employee who holds a
license to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code, who otherwise lawfully possesses a firearm, or who
lawfully possesses ammunition from transporting or storing a firearm or
ammunition the employee is authorized by law to possess in a locked,
privately owned motor vehicle in a parking lot, parking garage, or other
parking area the employer provides for employees.
Sec. 52.062. EXCEPTIONS.
(a) Section 52.061 does not:
(1)
authorize a person who holds a license to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code, who otherwise lawfully
possesses a firearm, or who lawfully possesses ammunition to possess a
firearm or ammunition on any property where the possession of a firearm
or ammunition is prohibited by state or federal law; or
(2) apply to:
(A)
a vehicle owned or leased by a public or private employer and used by
an employee in the course and scope of the employee ’s employment,
unless the employee is required to transport or store a firearm in the
official discharge of the employee’s duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E)
property owned or controlled by a person, other than the employer, that
is subject to a valid, unexpired oil, gas, or other mineral lease that
contains a provision prohibiting the possession of firearms on the
property; or
(F) property owned or leased by a chemical manufacturer
or oil and gas refiner with an air authorization under Chapter 382,
Health and Safety Code, and on which the primary business conducted is
the manufacture, use, storage, or transportation of hazardous,
combustible, or explosive materials, except in regard to an employee who
holds a license to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code, and who stores a firearm or ammunition the
employee is authorized by law to possess in a locked, privately owned
motor vehicle in a parking lot, parking garage, or other parking area the
employer provides for employees that is outside of a secured and
restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b)
Section 52.061 does not prohibit an employer from prohibiting an
employee who holds a license to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code, or who otherwise lawfully
possesses a firearm, from possessing a firearm the employee is otherwise
authorized by law to possess on the premises of the employer ’s
business. In this subsection, "premises" has the meaning assigned by
Section 46.035(f)(3), Penal Code.
Sec. 411.203. Rights of Employers.
This subchapter does not prevent or otherwise limit the right of a
public or private employer to prohibit persons who are licensed under
this subchapter from carrying a concealed handgun on the premises of the
business. In this section, "premises" has the meaning assigned by
Section 46.035(f)(3), Penal Code.
Friday, March 27, 2015
Friday, March 13, 2015
Can I Use a .22 for the CHL Proficiency?
There's bad new, good news, and more bad news.
At the time of this writing, you cannot use a .22 for the Texas CHL Proficiency test. The good news for some people is that that will likely change in a few months. The Legislature is debating that as we speak (so to speak), and most people think it will pass in this session. If it does, that change would take effect next Sep 1.
The other bad news, however, has to do with whether or not you should take advantage of that. Some people, including some I respect, think this would be a good change. I disagree, but not for the expected reason. I have gone on record before, suggesting that the .22 should not be so easily dismissed as a defensive weapon, especially if it has a long barrel and a high-capacity magazine. Even the tiny Baretta Bobcat, with its 6-round magazine is better than nothing, but not much better. A target pistol, like the Ruger Mark III, would allow you to put 10 rounds in a home invader in a matter of seconds, which would likely make him rethink his career choices. However, unless you took a head shot, that would slow him down, but not stop him immediately. Keep in mind that that home invader, upon seeing the pistol, could get to you from across a large room in under 2 seconds (the well-documented Tueller Paradigm). If he has a knife, putting him in the hospital won't save your life. The .22 only works if the invader doesn't rush you.
However, I digress. My objection is not so much in using a .22, but in leading a person to think they know how to handle a firearm. There is a world of difference between the .22 and calibers like 9mm, 10mm, .40, .45, .38 Special, or the legendary .357 Magnum. Learning to shoot only a .22 is like riding a tricycle and thinking you can also ride a Harley. True, the .22 has killed many people. It is often the choice of hit men, but they surprise their victims, take head shots, or both, and the noise factor is important.
I often let beginners fire a few rounds from a .22 first, so they can get a sense of it, before we move on to something larger. The skills learned in handling a larger caliber gun will easily translate back to a smaller one, but the reverse is not necessarily true.
Whatever the point might be in allowing the .22 for the CHL Proficiency, it can't be making it easier to get the license. It is already easy enough for someone with a week's experience. The result would be people scoring 245 instead of 210 (175 is passing), and thinking they are now armed.
Col. Jeff Cooper once said, "Owning a handgun doesn't make you armed any more than owning a guitar makes you a musician."
At the time of this writing, you cannot use a .22 for the Texas CHL Proficiency test. The good news for some people is that that will likely change in a few months. The Legislature is debating that as we speak (so to speak), and most people think it will pass in this session. If it does, that change would take effect next Sep 1.
The other bad news, however, has to do with whether or not you should take advantage of that. Some people, including some I respect, think this would be a good change. I disagree, but not for the expected reason. I have gone on record before, suggesting that the .22 should not be so easily dismissed as a defensive weapon, especially if it has a long barrel and a high-capacity magazine. Even the tiny Baretta Bobcat, with its 6-round magazine is better than nothing, but not much better. A target pistol, like the Ruger Mark III, would allow you to put 10 rounds in a home invader in a matter of seconds, which would likely make him rethink his career choices. However, unless you took a head shot, that would slow him down, but not stop him immediately. Keep in mind that that home invader, upon seeing the pistol, could get to you from across a large room in under 2 seconds (the well-documented Tueller Paradigm). If he has a knife, putting him in the hospital won't save your life. The .22 only works if the invader doesn't rush you.
However, I digress. My objection is not so much in using a .22, but in leading a person to think they know how to handle a firearm. There is a world of difference between the .22 and calibers like 9mm, 10mm, .40, .45, .38 Special, or the legendary .357 Magnum. Learning to shoot only a .22 is like riding a tricycle and thinking you can also ride a Harley. True, the .22 has killed many people. It is often the choice of hit men, but they surprise their victims, take head shots, or both, and the noise factor is important.
I often let beginners fire a few rounds from a .22 first, so they can get a sense of it, before we move on to something larger. The skills learned in handling a larger caliber gun will easily translate back to a smaller one, but the reverse is not necessarily true.
Whatever the point might be in allowing the .22 for the CHL Proficiency, it can't be making it easier to get the license. It is already easy enough for someone with a week's experience. The result would be people scoring 245 instead of 210 (175 is passing), and thinking they are now armed.
Col. Jeff Cooper once said, "Owning a handgun doesn't make you armed any more than owning a guitar makes you a musician."
Saturday, February 28, 2015
How Do I Get a Concealed Handgun License?
This is a very common question. The process in Texas is not difficult, but it is a little confusing, without a roadmap, so here goes. These steps need not be done in this order, but you will save some time if you do.
- First, understand that you have to already know how to safely handle, load, and shoot a pistol, at least to a minimum level. The standard is not high, but you can't know nothing. You will not learn anything about shooting in this process; you will just demonstrate what you do know.
- If you don't know how to shoot, or don't feel confidant, take some instruction first. It doesn't require a lot. I often take someone from beginner to CHL-level in one session.
- Determine your eligibility. Here is a reasonably detailed summary of the requirements. Most people will be able to tell from this if they meet the standard; if you are unclear, contact the DPS for clarification. Check here for other information.
- Start your application at the DPS website. It may be counter-intuitive to do the application before you have all the requirements, but that's how it works. Do this on a computer with a printer attached. You will need to print out a checklist and a bar code. You will pay your state fees at this time, and set an appointment for fingerprinting. Don't stop before doing all these things.
- Do the fingerprinting as above. There are a number of places to do that, and it's quick and easy. The important point is that this needs to be tied to your application, so they need to be part of the same process, and in that order.
- Sign up for and attend a CHL class. These are sometimes held at gun ranges, but also at office suites or meeting rooms. They are always taught by DPS-Certified CHL Instructors, who are also Firearms Instructors. Every part of that class (curriculum, written test, shooting test) is mandated by the state of Texas, so the only difference between different classes is the style of presentation and experience of the instructor. The classes are about 4 hours long, plus the shooting part. That is often done the same day, unless the class is at a commercial gun range. For logistical reasons, they usually have to schedule the shooting on another day.
- Upon successful completion of the class, and passing both the written and shooting proficiency tests, you will be given a form (CHL-100). Put that form, your printed bar code from step 4, and any other documents listed on your checklist into an envelope and mail them to Austin (keep copies of everything). Items you might have to send could include a copy of your DD-214 (if claiming veteran status), or proof of legal residency.
- Wait. The typical time is 3-6 weeks, but I have seen it be as little as 12 business days.
Thursday, February 26, 2015
Dry Fire for Diagnostics
Recently, I was working with a student to fine-tune his shooting. We adjusted his grip, talked about the right part of the finger to put on the trigger, talked about treating the trigger as a "dimmer" and not a "light switch", and slowed down the trigger squeeze, but he kept shooting quite low. The groups were very good, but consistently low. I thought at first he was just anticipating recoil, and pushing on the gun, until I saw a vibration of the muzzle right before the trigger break. I dry-fired his gun to prove it would not be there, then had him do it. I saw the same vibration. More importantly, he also saw it.
Both the problem and the solution were simple. His gun had a fair amount of take-up (slack, or pre-travel) in the trigger. While I instinctively took up that slack before squeezing, he did not. He was squeezing from the very beginning of trigger movement, and when he hit the sear, it was like hitting a curb on a bicycle. That bump was causing the vibration, which manifested as pitching forward.
It should be noted that some triggers have little or no take-up, and some ramp up smoothly from the beginning of movement to the break, without that bump. It depends on the design of the gun, and to a certain degree, its cost.
Once he understood the need to pull up to that "curb" before squeezing, his groups moved up where they should be. Once again, dry-firing pointed the way to the solution. Navy SEALs do an extended dry-fire routine before every training session. Do you?
Both the problem and the solution were simple. His gun had a fair amount of take-up (slack, or pre-travel) in the trigger. While I instinctively took up that slack before squeezing, he did not. He was squeezing from the very beginning of trigger movement, and when he hit the sear, it was like hitting a curb on a bicycle. That bump was causing the vibration, which manifested as pitching forward.
It should be noted that some triggers have little or no take-up, and some ramp up smoothly from the beginning of movement to the break, without that bump. It depends on the design of the gun, and to a certain degree, its cost.
Once he understood the need to pull up to that "curb" before squeezing, his groups moved up where they should be. Once again, dry-firing pointed the way to the solution. Navy SEALs do an extended dry-fire routine before every training session. Do you?
Thursday, February 5, 2015
Test your safety!
OK, not every handgun has a safety. Glock is famous for that, as are a few others, but most guns do have one. If yours does, do you know for sure that it works? Test it unloaded (and of course, always point the muzzle in a safe direction), but also test it loaded, while at the range.
1911s typically have a grip safety, while most other guns have a thumb safety.
Safeties are not especially prone to failure, but they are mechanical, and anything mechanical can fail. Whatever causes one to fail could be happening intermittently, so it won't fail every time, which is why you never point the gun at a person or a dog (OK, or a cat) and depend on the safety.
This came to mind as a topic when I bought another gun, a Walther, which has a very unusual safety. Instead of locking the trigger so it can't move, this safety moves a steel plate between the hammer and the firing pin. The trigger pull stays the same, and the hammer still falls.
That's actually a little disconcerting. With the safety on, there is no way to know if it will fire until it does fire, which is too late. Hmmm. Is that steel plate actually there? What if a trainee assembled the gun and left it out. Dry-firing doesn't prove anything here. This has to be tested live.
Once again, never trust a safety, and test it periodically!
1911s typically have a grip safety, while most other guns have a thumb safety.
Safeties are not especially prone to failure, but they are mechanical, and anything mechanical can fail. Whatever causes one to fail could be happening intermittently, so it won't fail every time, which is why you never point the gun at a person or a dog (OK, or a cat) and depend on the safety.
This came to mind as a topic when I bought another gun, a Walther, which has a very unusual safety. Instead of locking the trigger so it can't move, this safety moves a steel plate between the hammer and the firing pin. The trigger pull stays the same, and the hammer still falls.
That's actually a little disconcerting. With the safety on, there is no way to know if it will fire until it does fire, which is too late. Hmmm. Is that steel plate actually there? What if a trainee assembled the gun and left it out. Dry-firing doesn't prove anything here. This has to be tested live.
Once again, never trust a safety, and test it periodically!
Tuesday, January 6, 2015
Limp-wristing and pistol action
I've written about this before, but it bears repeating, as many shooters either don't know about this, or get distracted and forget about it.
Semi-automatics are finely balanced devices:
The unspoken part of this equation is that the balance of these forces depends on the recoil of the cartridge firing. If that force is mitigated, everything else breaks down. Imagine firing a .380 cartridge in a 9mm pistol (don't do this, BTW). The force would not be enough to push the slide hard enough against the return spring to properly cycle the action, and you get a misfeed. Depending on the nature of the misfeed (double-feed or stove-pipe), it may take more than racking the slide to clear the jam, which is a big issue in defensive shooting.
One factor that often contributes to this problem is lubrication. If the gun is not well lubricated, or you are shooting in cold weather, or both, you may get jams.
Another factor, less often considered, is "limp-wristing". If you don't grip the pistol hard enough to keep its orientation reasonably rigid, the flexing of your wrist will absorb some of the recoil, and cause jams. The caliber of the gun also figures into this, as larger calibers have more recoil, and can be harder to control. One of the basic rules of shooting a handgun is, only shoot a gun you can control. That should probably read, "only shoot a handgun you are strong enough to control". You don't have to be Rambo, but imagine a person who is 5' 4", not very athletic, with small hands and wrists, shooting a .45 or a .357 Sig. That person is probably more likely to have problems with jamming.
What to do? Start with a caliber that is easier to control (9mm is a good choice), and that has a grip that matches the size of your hands. Grip the gun firmly with the strong hand (not white-knuckle, but close), and a little more firmly with the weak hand. Massad Ayoob calls it a "crush grip". Even as you get more used to shooting, don't let yourself get too casual about your grip. Treat it like it will fly out of your hands, and you can minimize those annoying jams.
Semi-automatics are finely balanced devices:
- they fire a cartridge that generates a known force (within certain parameters)
- that force pushes against a slide that is lapped to a frame to a known coefficient of friction
- the slide is pushed back in the opposite direction by a spring of a known strength
The unspoken part of this equation is that the balance of these forces depends on the recoil of the cartridge firing. If that force is mitigated, everything else breaks down. Imagine firing a .380 cartridge in a 9mm pistol (don't do this, BTW). The force would not be enough to push the slide hard enough against the return spring to properly cycle the action, and you get a misfeed. Depending on the nature of the misfeed (double-feed or stove-pipe), it may take more than racking the slide to clear the jam, which is a big issue in defensive shooting.
One factor that often contributes to this problem is lubrication. If the gun is not well lubricated, or you are shooting in cold weather, or both, you may get jams.
Another factor, less often considered, is "limp-wristing". If you don't grip the pistol hard enough to keep its orientation reasonably rigid, the flexing of your wrist will absorb some of the recoil, and cause jams. The caliber of the gun also figures into this, as larger calibers have more recoil, and can be harder to control. One of the basic rules of shooting a handgun is, only shoot a gun you can control. That should probably read, "only shoot a handgun you are strong enough to control". You don't have to be Rambo, but imagine a person who is 5' 4", not very athletic, with small hands and wrists, shooting a .45 or a .357 Sig. That person is probably more likely to have problems with jamming.
What to do? Start with a caliber that is easier to control (9mm is a good choice), and that has a grip that matches the size of your hands. Grip the gun firmly with the strong hand (not white-knuckle, but close), and a little more firmly with the weak hand. Massad Ayoob calls it a "crush grip". Even as you get more used to shooting, don't let yourself get too casual about your grip. Treat it like it will fly out of your hands, and you can minimize those annoying jams.
Friday, December 5, 2014
News Nuggets
U.S. Sees Highest Black Friday Gun Sales in Recorded History
Though Black Friday turnout dramatically dropped this year, gun sales were higher than ever.According to the FBI, there were more than 175,000 background checks on Friday, making it the busiest Black Friday in recorded history. But even at a rate of almost three background checks a second, November 28 was beat out by December 21, 2012, which saw more than 177,000 background checks.
The number of background checks filed on Friday represents almost three times the daily average. Since law requires background reviews be completed within three business days, 600 FBI employees worked around the clock this weekend. If the government fails to complete a background check on time, a buyer is allowed to make their intended gun purchase anyway.
Number of women getting CHLs doubles
Every other Wednesday night Red’s Indoor Gun Range in South Austin is hoppin’. Every bay is usually taken by women. It hasn’t always been this way.
“Every week there would be just me and then one week there would be two of us,” said Nikki Jones who founded Sure Shots, a women’s gun club that got its start back in 2005 when Jones moved from New York to Austin and got her concealed handgun license.“The difference between the amount of women who were shooting and now is just off the charts,” she said. Sure Shots now has 300-plus members, some who walk in never having picked up a gun.
“We have a few guns in the house that are in a safe, but in case I needed to use them I thought this would be a comfortable setting since it is all women,” said Elena who is married to a law enforcement officer.
Elena liked it so much she recently decided to get her Concealed Handgun License. She is not alone. As of July 31, 2014 there were 198,000 Texas women with an active license to carry.
“The reason to get a firearm should be one of empowerment and not fear,” said Julianna Crowder, who started teaching CHL courses with her husband eight years ago.
She also founded a Central Texas women’s shooting league called A Girl and A Gun. They meet regularly at a new indoor range in Cedar Park called Shady Oaks. It’s where Bettye Lane Chambliss comes to shoot.
“One day I was out working in the yard and when I came back in there was a man standing in my house,” said Chambliss. “I was pretty much blocked in. There was no way to get to the door.”
“The reason to get a firearm should be one of empowerment and not fear,”
Her dogs scared off the stranger, and after that she decided to get a gun and learn how to shoot.
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