Lubbock’s City Manager James Loomis has decided that an effective, legal self-defense needs his personal permission. His “New City of Lubbock Firearms Policy” can be found later in this story.
Responding to this issue, Lubbock’s Mayor Glen Robertson has sent this missive, obtained by Pratt on Texas today, to city management:
“I am writing this email to express my concern regarding your recent decision to regulate the licensed carry of firearms by city employees. I am troubled that you are putting our employees at risk when you create a policy that restricts their 2nd Amendment rights. Any citizen that has a CCL can currently enter city facilities including City Hall with a concealed firearm and to not allow our employees the same right could potentially put them at risk. I am asking legal to research this issue and will be placing an item on a future agenda for Council consideration. My specific concerns are to question the City Manager’s authority to make this policy without Council approval, to ensure that this policy does not conflict with state or federal laws, and to address any potential violations of the United States Constitution.”
Interestingly, Texas has had its concealed carry program for twenty years and yet it’s only now that the City of Lubbock has decided that it needs to evaluate each employee who may carry a firearm under a state license to carry such concealed. The changes to concealed carry laws for open carry do nothing to necessitate this change in city policy.
Loomis’ letter to city staff follows:
“A new policy is now available. You can find the Employee Firearms policy below and on CLIC under Department – Human Resources – Addendum Policies.
(Addendum Policies is listed in the navigation on the right side of the page).
***Please note: Return the completed form shown below to the Human Resources Department. The form is available for download on CLIC.***”
During the 84th regular session of the Texas Legislature, there was a significant change to Texas’ licensed carry laws as a result of the passage of HB910. This bill allows for the open carry of handguns by license holders beginning on January 1, 2016.
A city may not improperly restrict the licensed carrying of a handgun on city-owned properties, however, the City may adopt policies for its employees. As such, the City Manager has adopted the following policy:
Employee Policy established by the City Manager
Employees, whether or not licensed pursuant to Texas Government Code Chapter 411, are prohibited from possessing without permission, dangerous weapons ( of any kind) or firearms ( of any kind) while on duty or while in city-owned vehicles. Permission to possess a handgun pursuant to Texas Government Code Chapter 411, while on duty may be given only by the City Manager, or designee. If permission is given, it shall be given only for concealed carry of a handgun. Permission shall be subject to the licensee giving proof of a valid Texas handgun license. Permission may be made with restrictions or conditions as allowed by law. Permission may be withdrawn, in writing, at any time, with or without cause, and shall terminate without notice if the employee’s license is suspended, revoked or expired.
EMPLOYEE PERMISSION TO CARRY REQUEST FORM
Employees, whether or not licensed pursuant to Texas Government Code Chapter 411, are prohibited from possessing without permission, dangerous weapons or firearms while on duty or while in city-owned vehicles. Permission to possess a handgun pursuant to Texas Government Code Chapter 411, while on duty may be given only by the City Manager, or designee.
Printed Name of Requestor (as on license) ______________
Employee Number ________________
Work email and work phone _________________
Department name __________________
Handgun License Number ____________________
Expiration Date _______________
________________
Employee Signature Date
[ ] APPROVED
[ ] DENIED
____________________________
City Manager Signature Date
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