Daily Archives: June 11, 2024

In 2020, Randy Franklin, a member of SMART-TD Local 656 in North Little Rock, Arkansas, took his call to work from Union Pacific like he had been doing every day as a conductor for the prior 20 years. Brother Franklin was hauling freight on a train between Arkansas and Texas when, due to faulty wiring, his truck caught fire and needed the local fire departments help.

Brother Franklins troubles were just beginning.

While fighting the fire in the Union Pacific parking lot, emergency responders and UP management discovered Brother Franklins handgun secured within the vehicle.

His pistol was properly registered with the state and safely stored in his locked truck.

UP promptly deadheaded Franklin back to Little Rock, fired him, and had him escorted off their property.

Despite what the Arkansas Supreme Court would later describe as Randys Perfect work history and the locked truck, the carrier insisted they could fire Brother Franklin for bringing firearms onto their property.

Franklin decided to challenge the carriers decision and reached out to his union officers.

Local 656 Chairperson Mike Pawelko and SMART-TD Arkansas State Legislative Director Gerald Sale recognized that this case had wide implications. Not just the states ability to protect Franklins rights legislatively as an employee, but also his Second Amendment rights protected by the U.S. Constitution were at stake.

Mike is one of our most seasoned LCs and was a great partner on this case, Sale said. We built a foundation in the initial investigation to support arbitration and legislation.

After Sale helped to lay the groundwork for a potential legislative solution in the initial investigation, General Chairperson Joey Cornelius and Pawelko took the issue to arbitration.

Not unexpectedly, Franklin had a setback in the arbitration hearing. The team appealed the ruling. Then, as planned, the union took its case to the Arkansas Legislature.

(They) were tenacious and left no stone unturned, said Franklin.

As the fight progressed, Franklin found himself out of service for more than a year.

Franklin and Sale successfully created a bill that gave all residents of Arkansas an explicit right to have a properly registered and stored firearm in their locked vehicle, despite any policy their employer may have.

State Rep. Justin Gonzales and Sen. Alan Clark co-sponsored S.B. 555. Excerpts and quotes from Franklins arbitration and appeal were quoted on the House floor. Their struggle with Union Pacific was used to explain why passing the bill was necessary and urgent.

Both sponsored the bill in each respective chamber and stood by Randy and our organization throughout the process, Sale said.

The bill passed with unanimous support with both Democrats and Republicans coming together. Franklins bill, Act 809, was then signed into law on April 22, 2021, by Gov. Asa Hutchinson. Hutchinson also sent a letter in support of Franklins employment being reinstated after he was targeted by UPs unfair policy.

This would have been the end if a railroad hadnt been involved. UP refused to accept that it was wrong.

When the new law went into effect, Franklins lawyer, W. Whitfield Hyman from Fort Smith, Arkansas, formally informed Union Pacific that Franklin would not be fired for exercising his newly reaffirmed right and should be back on the job.

UP didnt care what the state said and said they stood by their company policy. UP then filed a lawsuit in federal court to officially ignore the law written explicitly as a response to their treatment of Franklin, still out of work with his pension in jeopardy.

They were basically spitting in the face of the state Constitution, Sale said.

Franklin and his attorney had come too far to roll over and give up. They took Franklins case all the way to the state Supreme Court, which ruled against Union Pacific.

A lifelong member of the National Rifle Association (NRA), Franklin tried repeatedly to reach out to them for support after he was fired. The NRA did not have his back when needed. He also contacted the Gun Owners of American (GOA). They had no interest in aiding his efforts.

SMART-TD, literally and figuratively, did. When the chips were down, and his rights were being taken from him, the union had his back.

Franklin also is back on the job, and though he has not yet been compensated by the carrier for the time missed, the expectations are that there will be a settlement at some point for the clear violation of his rights.

SMART-TD would like to recognize Brothers Franklin and Pawelko, the officers of Local 656, Joey Cornelius, general chairperson of GCA-569, SLD Gerald Sale and attorney Hyman for their accomplishment. They represent the fighting spirit and solidarity of our union, and our shared commitment that every member in every local deserves respect, justice, and fair treatment under the law. When we stand together and stay focused on the fight, we win.

Sale emphasized the degree of collaboration and unity it took from Local Chairperson Pawelko and GC Cornelius, as well as Franklins determination to stand up to the carrier.

As a state director, Im proud to have the type of relationship with all of the local chairs across the state where we all take the all-hands-on-deck approach, Sale said. This was a case of everyone from the local office to my office and the general chairpersons office working together to get Randy back to work and run pro-worker, pro-Second Amendment legislation to support his case.

Franklin expressed great appreciation for the unions efforts to resolve the matter.

Gerald (SLD Sale) was there for me and my family when we needed him. I never thought I would be in a situation where the career I had built for 20 years and the retirement my family was counting on was taken away from me like this, Franklin said. Everybody knows the union represents us when we have a hearing and will put in an appeal for us. I had no idea how committed these guys were to making sure I was OK, and my rights werent taken from me.

Nobody ever goes to work expecting their round trip to end in pushing legislation through the state House and fighting the bosses all the way to the Supreme Court. Its good to know that when things get weird out here, this union never leaves one of its own hanging out to dry.

Read the original post:
SMART-TD preserves member's Second Amendment rights, gets his job back - Smart Union

Wind turbines spin over agricultural land on Tuesday, May 30, 2023, in Huron Township. In St. Clair County, Kimball Township's board recently extended a temporary ban on renewable energy developments until later this year in one of three resolutions. The others addressed parental rights and homeschooling and the Second Amendment.

KIMBALL TOWNSHIP In one sitting, Kimball officials took formal stances on three major issues last week, re-establishing a temporary ban on renewable energy projects, designating the township as a "Second Amendment sanctuary," and supporting homeschooling parents.

Each idea has been discussed around St. Clair County before. But in a separate interview last week, Kimball Township Supervisor Rob Usakowski said they were trying to uphold a sect of values locally in opposition to a host of past and approaching action from Democratic lawmakers in Lansing.

Theres just so much uncertainty right now with the legislation that passed last year, he said of the renewable energy ban last week. T

he township board had previously passed a moratorium roughly a year ago before it was set to expire. At their June 4 meeting, it was one of the three resolutions passed, extending that ban until November.

Thats when new state rules that empower the Michigan Public Service Commission with the final say in siting industry-scale wind and solar developments something community officials have widely seen as interference with local control take effect.

A statewide drive to get something on the ballot to reverse those effects fell short of the required signatures in May to go before voters this year. Moving forward, organizers are pushing for another major election, leaving local elected leaders like Usakowski and the township board with a few unanswered questions.

Kimball Township resolutions 2024 by Jackie Smith on Scribd

Usakowski said they still get inquiries from interested wind and solar developers on a weekly basis. By next year, local rules cant be stricter than the states set of regulations passed in 2023.

So, it kind of leaves us in this gray area for a short period of time, the supervisor said.

Were going to lose local control completely here in November. Theres concerns, obviously, a lot of those projects could move forward without any type of siting from the township, which is difficult, he said. Were trying to protect the balance between (being) rural, which half our township is.

While other townships, such as Wales, have had moratoriums, Kimballs Second Amendment similarities fall much more in line with the St. Clair County Board of Commissioners, which passed its second sanctuary-related measure at the end of last year.

Traditionally, sanctuary infers a local stance that contested gun laws wouldnt been enforced if theyre viewed on one side of the political aisle as a violation of the Second Amendment.

Local law enforcement authorities have said they view such measures largely as a political statement rather than a dictation of what statutes they must enforce or ignore something sanctuary proponents have said they understand.

Kimballs resolution references the sanctuary movement of other states and spells out the township boards stance on defending gun rights, adding the board encourages elected law enforcement leaders to do their job in a manner that does not infringe on the citizens rights.

When asked, Usakowski pointed to things like red flag laws as an example of the type of action, they believe, that violates the Second Amendment.

We dont actually enforce anyway. It would be the county sheriff that enforces it, and so, were asking the county to just stick to the Constitution in and not act on any laws that would be passed in opposition to that, he said.

The county board also recently OKd a resolution backing parents who homeschool their kids after discussion at the state level sparked concern lawmakers could require homeschoolers have to register with the state.

Kimballs parents rights resolution spells out opposition to the idea in detail, asking the governor and policymakers not to approach it. We just think its the parents right to decide what they want to do, Usakowski said. Again, were looking at things that are the rights of the people.

Contact reporter Jackie Smith at (810) 989-6270 or jssmith@gannett.com.

This article originally appeared on Port Huron Times Herald: Kimball officials take stance on 2nd Amendment, parental rights, more in 3 resolutions

Continue reading here:
Kimball officials take stance on 2nd Amendment, parental rights, more in 3 resolutions - AOL

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Originally posted here:
Jacob Sullum - Taking away Second Amendment rights based on nonviolent crimes - Defiance Crescent News

WASHINGTON Sen. Mike Lee (R-UT) introduced the STOP the BIS Rule Act, legislation seeking to defend the rights of American gun shop owners and uphold the Second Amendment. Sen. Lees bill would prohibitthe useoffederal funds to finalize, implement, or enforce the harmfulinterim ruleissued by the Bureau of Industry and Security (BIS), which severely restricts the sale of American-made firearms to international customers. Congressman Mark Green (R-TN) introduced companion legislation in the House of Representatives.

"Time and again, American gun exporters and small businesses jump through hoops imposed by this administration, only to find those standards arbitrarily changed,"said Sen. Lee."This rule is a strategic attempt to undermine an entire industry. We must challenge the Biden administration's relentless assault on the Second Amendment and defend the rights of our small business owners."

The Biden BIS has gone rogue. BISs new rule on gun exports will make it nearly impossible for many gun shop owners to make a living,said Rep. Green.This rule punishes law-abiding business owners all because of the lefts antipathy for the Second Amendment. Our Founders warned against this kind of sweeping government overreach.

The STOP the BIS Rule Act represents a firm stand against overregulation and would ensure that the federal government cannot use taxpayer dollars to undermine our constitutional rightsand unduly punish law-abiding gun manufacturers.

For bill text, clickHERE.

The rest is here:
Lee Introduces Bill to Protect Gun Shop Owners and Uphold the Second Amendment -... - United States Senator Mike Lee

UPDATE (Wednesday, June 5): The House of Representatives listened to gun owners and passed H.R. 8580 by a vote of 209-196 with GOA-backed provisions to protect tens of thousands of veterans from being unconstitutionally disarmed by President Joe Bidens bureaucrats. The key vote from yesterday can be found here, where Aye is the correct vote. The bill now moves to the Senate.

ORIGINAL ALERT (Tuesday, June 4): Imagine risking your life to defend our country, only for Bidens bureaucrats to put your name in an FBI database and deprive you of your God-given right to keep and bear arms.

Thankfully, an appropriations bill that is set to come to the House floor any day now gives us the opportunity to protect U.S. veterans from the predatory bureaucratic nonsense that has been used to ban them from owning a firearm.

H.R. 8580, the Military Construction, Veteran Affairs, and Related Agencies Appropriations Act of 2025, contains language that would prevent the Department of Veteran Affairs from disarming our nations veterans.

And right on cue, the White House is now officially lobbying against the passage of H.R. 8580 to ensure Bidens bureaucrats can continue disarming veterans.

If the Biden Administration has zero shame in slashing the gun rights of those who thanklessly served our country, then theyll have no problem coming for yours.

Thats why GOA needs your help countering the White Houses lobbying efforts by urging your Representative to support the gun rights of our nations veterans.

Please add your name to our pre-written letter urging your Representative to support both Section 261 of H.R. 8580 and Rep. Eli Cranes Amendment No. 31 which protect the Second Amendment rights of our nations veterans.

GOA members like you were very instrumental in persuading Congress to pass Public Law 118-42 earlier this year. This law stopped the VAs unconstitutional reporting of approximately 20,000 veterans per year to the FBIs National Instant Criminal Background Check System (NICS) but only until it expires later this fall.

Thats why Section 261 and Amendment No. 31 are so critical, as they would extend this critical protection for veterans for another year by inserting it into the government appropriations.

Up until this point, veterans who had a fiduciary appointed to them to manage their finances were reported to the FBI and denied their right to own a firearm.

No veteran should be deprived of their Second Amendment rights because they need support to manage their finances. Frankly, no veteran should be deprived of their God-given rights period.

While it certainly was a victory to protect gun-owning veterans from having their names screened by the FBI going forward, there are still more than a QUARTER OF A MILLION veterans who are already prohibited from exercising their Second Amendment rights based on their prior appointment of a fiduciary.

Congress must remove the names of veterans who were already determined prohibited persons based on the appointment of a fiduciary.

Thats why our pre-written letter also encourages your representative to support GOAs and Rep. Eli Cranes ongoing push to REMOVE the names of ALL veterans who have already been put into the NICS system.

With H.R. 8580 set to come to the floor any day now and the White House already beginning its pressure campaign to defeat it GOA needs YOUR help pressuring the House to save the gun rights of Americas veterans.

So please, add your name to our pre-written letter urging your Representative to support both Section 261 of H.R. 8580 and Rep. Cranes Amdt. No. 31 which protect the Second Amendment rights of our nations veterans.

Read this article:
GOA fighting to protect the Second Amendment rights of our nation's veterans - Gun Owners of America

The majority of U.S. House Democrats voted to take the Second Amendment rights away from certain veterans who served in the U.S. Armed Services.

They did so when they overwhelmingly rejected an amendment filed to a U.S. Department of Veterans Affairs funding bill, known as the Crain Amendment.

House Democrats on Wednesday also largely voted against funding the Department of Veterans Affairs when they voted against the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act of 2025. It narrowly passed, largely along party lines, by a vote of 209-197.

The White House said the president would veto the bill for several reasons, including Republican revisions to its LGBTQ policies. But one key measure Democrats overwhelmingly opposed served as a barometer for preserving Second Amendment rights: Section 261 revised through the Crane Amendment.

The amendment, named after its author, U.S. Rep. Eli Crane, R-Arizona, a former U.S. Navy SEAL, was designed to protect veterans Second Amendment rights. It clarifies that any veteran who the VA reported to the NICS was done so incorrectly in violation of their constitutional rights.

Crane had voiced concerns that VA bureaucrats and Democrats wanted to create an unauthorized process for dragging veterans before judges for red flag disarmament proceedings.

His provision wasnt included in the fiscal 2024 VA spending bill last year. Currently, the VA submits veterans names to the NICS if a judge appointed them with a financial manager.

The House provision and Cranes amendment was backed by Gun Owners of America to protect tens of thousands of veterans from being unconstitutionally disarmed by President Joe Bidens bureaucrats, it said.

Because of a horrendous policy initiated by President [Bill] Clinton, more than 250,000 veterans have had their Second Amendment rights revoked. This has been done without any Due Process no judge or jury just a mere determination by bureaucrats at the Veterans Administration that veterans must forfeit their guns when a fiduciary is appointed to handle their finances and complex VA benefits, Erich Pratt, SVP of Gun Owners of America, told The Center Square.

Thankfully, GOA-backed legislation that passed this week in the House will continue to prevent the VA from submitting names of veterans to the NICS system. GOA urges the Senate to maintain this rider in their version of the legislation. Despite the temper tantrum from the White House, common sense says no veteran should be disarmed over such ridiculous reasons.

Democrats overwhelmingly voted against the Crane Amendment with 192 voting against it and only seven voting for it. Thirty-two members didnt vote on the amendment.

The amendment passed by a vote of 211-193, preventing the VA from disarming an estimated 20,000 veterans during the next fiscal year.

Seven Democrats voted in favor of the amendment: Reps. Henry Cuellar (TX), Jared Golden (ME), Vicente Gonzalez (TX), Mary Peltola (AK), Marie Perez (WA), Gabe Vasquez (NM) and Marc Veasey (TX).

The White House issued a statement saying the president would veto the bill because Republicans changed section 261, which prohibits the VA from reporting a person determined to be mentally incompetent during the VA benefits evaluation process without the order or finding of a judge, magistrate, or other judicial authority.

The proposed revision would effectively prohibit the VA from reporting mentally incompetent beneficiaries who need a fiduciary to the National Instant Criminal Background Check System (NICS), thus creating a dangerous loophole that would allow these individuals to obtain firearms and endanger their safety and the safety of their communities, the White House said.

Overall, only four Democrats voted for the entire bill, all of whom also voted for the Crane Amendment: Golden, Gonzalez, Peltola and Perez. Two Republicans also voted against the bill: Reps. Tom McClintock of California and Matt Rosendale of Montana.

Twenty-five members of Congress didnt vote on the bill, including 14 Democrats and 11 Republicans.

More:
Majority of House Democrats vote against amendment protecting certain vets gun rights - MyHometownToday.com