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Defensive Shooting Guidelines for the Responsibly Armed CitizenCall 911! "I was afraid for my life, and was forced to defend myself. Please send an ambulance right away." When police arrive, briefly state the following: 1. "He/She/They attacked me(us)." 2. "I'll sign a complaint." 3. "There's the evidence." Then read the following statement verbatim to the police; SAY NOTHING ELSE!: "If I have given this to you, it has been necessary to take actions to defend innocent life. I am willing to sign a criminal complaint against the perpetrator(s), I will point out witnesses and evidence. As you may have experienced yourself, this is a stressful and traumatic experience for me. Therefore, I wish to make no further statements until I have contacted my attorney and composed myself. I also do NOT consent to any search of my person or vehicle and you may NOT ask anyone else for permission to do so! I will cooperate fully once I have consulted with my attorney and calmed down. As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. Thank you for your understanding." Above text available as a wallet card from United States Concealed Carry Association (USCCA) |
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High court trims Miranda warning rights bit by bit You have the right to remain silent, but only if you tell the police that you're remaining silent. You have a right to a lawyer — before, during and after questioning, even though the police don't have to tell you exactly when the lawyer can be with you. If you can't afford a lawyer, one will be provided to you. Do you understand these rights as they have been read to you, which, by the way, are only good for the next two weeks? The Supreme Court made major revisions to the now familiar Miranda warnings this year. The rulings will change the ways police, lawyers and criminal suspects interact amid what experts call an attempt to pull back some of the rights that Americans have become used to over recent decades. The high court has made clear it's not going to eliminate the requirement that police officers give suspects a Miranda warning, so it is tinkering around the edges, said Jeffrey L. Fisher, co-chair of the amicus committee of the National Association of Criminal Defense Lawyers. |
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Burnam files bill in Legislature to restrict recognition of Texas
concealed-handgun permits Texans seeking concealed-handgun permits might soon need to get them in Texas to carry their weapons. State Rep. Lon Burnam, D-Fort Worth, said he's tired of Texans turning to states with cheaper fees and less training requirements -- some don't even require people to fire a weapon -- to get concealed-handgun licenses. So he's filed a bill that would recognize only Texas-issued licenses for people who live in Texas. Visitors' concealed-handgun permits issued by other states would still be recognized. "This would close a loophole," Burnam said. "People are bypassing us, using this loophole to pay half as much money and not get the training they should get. ... I want to make sure they have to get their license here." Burnam's proposal has drawn criticism from some, including Land Commissioner Jerry Patterson, who, as a state senator, shepherded the concealed- handgun license measure through the Senate in 1995. "When you start precluding recognition of licenses from other states, you have to be careful you don't have other states saying they won't recognize Texas licenses," Patterson said. The proposal Burnam said he learned last year that some Texans are turning to other states, including Utah, for concealed-handgun licenses. Classes for the Utah permit are held throughout Texas. A Utah permit requires four hours of training with no live shooting, is good for five years and costs $65.25. A Texas permit requires 10 hours of training in the classroom and shooting range, is good for four years and costs $140. Utah had issued nearly 250,000 permits through June. As of August, more than 6,000 of those had been issued to people living in Texas, records show. Texas issued 138,768 permits in 2009, including more than 10,000 in Tarrant County, Texas Department of Public Safety records show. Burnam said Texans seeking out-of-state licenses undermine public safety and have deprived the state of potentially $850,000 in fees over two years. "I don't think it was ever anyone's intention that people could get this license without going through Texas' training," he said. Reciprocity State officials have worked to make sure Texas recognizes dozens of other states' permits -- and that those states recognize Texas permits. Patterson said he renewed his license in Pennsylvania when Texas faced a backlog in processing license renewals a few years ago. "It looked like I wouldn't have time to renew my Texas license ... and I didn't want to have a lapse," Patterson said. "Mine was issued by a sheriff in Pennsylvania. ... It was just an interim measure. "Of course we could fix all this if Congress would pass a law that all states that allow concealed-handgun permits have to recognize all other permits, just like driver's licenses." Lawmakers in New Mexico and Nevada withdrew recognition of Utah licenses in recent years because of worries about license requirements. "A lot of states are concerned with what Utah does," said Marsha McCartney, a Dallas volunteer for the Brady Campaign to Prevent Gun Violence. "It just seems to be a moneymaker for them. They're willing to issue a license to anyone. "Why would Texas put in place these restrictions if you could go elsewhere? If you live in Texas and you're going to conceal carry, you ought to have a concealed license from Texas," she said. "It's common sense." 'Meat and potatoes' Brad Brasuell, a concealed-handgun-permit instructor from Denton, has been conducting classes for more than three years to help Texans get Utah concealed-weapon permits. Before that, he taught classes for people seeking Texas permits. "When I was doing the Texas class, I felt they weren't getting enough out of it," said Brasuell, who carries a Utah concealed-weapon permit. "The Utah class sticks to the meat and potatoes of what they need to know in the civilian world, without all the bureaucracy and fluff of the Texas program. People say the Texas program costs too much money and takes up too much time." Brasuell said he's not worried that the Utah class doesn't include live shooting. "The shooting requirement in Texas is a joke and a falseness of security," he said. "I have seen people who never shot before pass it and feel they can defend themselves. That is not the truth." Brasuell said Texas is not losing revenue from people getting out-of-state licenses because those people wouldn't carry a license at all if their only choice were to go through the Texas classes. "It's a law enforcement class for civilians," he said. |
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SB 321 "Employer Parking Lot" Bill Filed in TX Senate by Hegar! Senator Glenn Hegar, Jr., (R-Katy) has filed SB 321, a TSRA-backed "employer parking lot" bill and it's 3-2-1 blast off as session opens this Tuesday, Jan.11th. This will be the 4th attempt to provide Texans with both convenience and personal protection currently enjoyed by law-abiding citizens in thirteen other states: Alaska, Arizona, Florida, Kansas, Kentucky, Minnesota, Mississippi, Oklahoma, Georgia, Louisiana, Utah, Idaho, and Indiana. Courts have ruled that certain rights may be given up to secure employment, namely the right to personal protection on the journey to and from the workplace. SB 321 would provide protection in statute for both the employee and the employer. Legally-owned firearms and ammunition, stored in a personal, locked vehicle, parked on the employer's parking lot or parking garage would no longer be under the authority of the employer. In return the employer is provided civil immunity except for gross negligence when following the law. The employee is protected, his job is protected, and the employer remains in control of his specific workplace but not over the employee's personal, locked vehicle. Obviously a win-win for Texans. |
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HB 681 Filed in the Texas House House Bill 681 by Rep. Tim Kleinschmidt (R-Lexington) was filed on January 18th; it relates to the protection of jobs for Texas employees by allowing the legal possession of a firearm and ammunition in the employee's personal, locked vehicle when parked on their employer's parking lot. HB 681 is the identical companion of Senate Bill 321 by Senator Glenn Hegar, Jr. (R-Katy). SB 321 was reported to TSRA members last week. Many Texas companies maintain "No Firearms" policies that extend beyond their buildings and include the contents of their employee's personal vehicles. Why would the contents of your vehicle be a concern to your employer? Both SB 321 and HB 681 contain language providing civil immunity for the employer when following state law except in cases of "gross negligence". Texas expects to join thirteen other states, most allowing all legally possessed firearms, not only those of concealed handgun licensees. Your State Representative needs to sign-on as a co-author in support of HB 681. Your State Senator should do the same for SB 321. |
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PRESS RELEASE Grapevine, Texas....On Friday, January 6, 2006, charges of use of deadly conduct were dismissed against Gerald Brookman. Brookman was arrested in June, 2005, when he was forced to draw his weapon in self defense against four teenagers shooting at his service animal and toward him with a .22 caliber handgun at Lake Grapevine, Texas. Brookman, a concealed handgun license holder, held the youths at bay awaiting arrival of the Grapevine Police Department. Charges were filed later that evening against Brookman for "use of deadly conduct" and his gun and CHL were confiscated by the Grapevine Police. Brookman is a member of the CHL Protection Plan, a Dallas based company, which defends the rights of covered members that are involved in self defense incidents and are charged. "I am sure glad I decided to join the CHL Protection Plan. The lawyers involved in my exoneration were both knowledgeable and professional. I would have been out of pocket some major expense had I not been a member of the CHL Protection Plan", Brookman stated in telephone interview. The CHL Protection Plan is a contract legal services company licensed by the State of Texas. Annual memberships are sold to concealed handgun license holders for an annual, two year, or four year membership fee. Any CHL Protection Plan member that is involved a self defense incident using their handgun is covered with professional and competent legal representation with no out of pocket expenses. For more information, please visit our website www.chlpp.com or contact the CHL Protection Plan corporate offices in Dallas, Texas, at 866-851-9744. |
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