Don’t tread on Texans’ gun rights, Abbott says in plan to ‘protect’ Second Amendment
Lawmakers are back in Austin for the first legislative session since the mass shootings in El Paso and Midland-Odessa, presenting an opportunity to the address gun laws in a state where more than 3,000 people are killed with a gun each year.
It’s a familiar position for lawmakers, who went into the 2019 session in the wake of mass shootings at a church in Sutherland Springs and a high school in Santa Fe.
Gov. Greg Abbott, for one, is focused on making Texas a “Second Amendment sanctuary state.”
“Politicians from the federal level to the local level have shouted: ‘Heck yes, the government is coming to get your guns,’” Abbott said, referencing Beto O’Rourke’s remarks during his 2020 Democratic bid for president when he said: “Hell yes, we’re going to take your AR-15, your AK-47.”
“We won’t let that happen in Texas,” Abbott said. “Last session, I signed 10 laws to protect gun rights in Texas. This session we need to erect a complete barrier against any government office anywhere from treading on gun rights in Texas. Texas must be a Second Amendment sanctuary state.”
But when it comes to measures offered by gun safety advocates, Abbott appears less enthusiastic.
“The goal that I’m seeking to achieve is to do the maximum to protect Second Amendment Rights,” Abbott told the Fort Worth Star-Telegram when asked about measures like “red flag” laws or universal background checks.
A ‘Second Amendment sanctuary’
Abbott’s call for Texas to become a “Second Amendment sanctuary” left some confused about what exactly he was proposing during his State of the State address on Monday.
“I don’t know what that means, and, to my knowledge, the governor has not elaborated on that,” said State Rep. Chris Turner, a Grand Prairie Democrat.
Abbott offered some details in an interview with the Fort Worth Star-Telegram.
“It would be a law that would prohibit any … state or local government official from doing anything to implement any law, state or federal, that would take guns away from any Texan,” Abbott said.
Sen. Drew Springer, R-Muenster, has filed a “Second Amendment sanctuary” legislation that would bar the state from assisting federal officials in the enforcement of federal regulations related to guns, gun accessories and ammunition. The law wouldn’t apply to federal policies in effect before Jan. 19. Rep. Matt Krause, R-Fort Worth, has authored a similar proposal.
The designation is largely symbolic, said Adam Skaggs, chief counsel at Giffords Law Center to Prevent Gun Violence in San Francisco. State governments can opt to not to expend resources enforcing federal laws, but states don’t have the power to nullify a federal law. Federal law enforcement could still enforce the regulations.
For Rachel Malone, Texas Director for Gun Owners of America, proposals like Springer’s would be a start, but it’s “not a silver bullet to end all gun confiscation.”
“But we believe it’s a helpful step,” Malone said. “It’s important for our state to stand strong and, yeah, right now we don’t have any faith in the current Congress to support our ability to keep and bear arms, legally, in order to protect ourselves. It’s vital right now that Texas take every stand that we can.”
Some gun advocates and politicians who favor gun safety measures were disappointed to hear Abbott tout Second Amendment rights while leaving the recent mass shootings unmentioned during his State of the State address.
Turner noted that policy proposals such as closing background check loopholes, requiring stolen guns be reported to law enforcement and enacting extreme risk protective orders (known as “red flag” laws) were not addressed. Generally, red flag laws would allow a judge to temporarily remove firearms from a person deemed a risk to themselves or others.
“There was frankly a time where there was some decent bipartisan conversation going on around some of those issues in the wake of the mass shootings in El Paso and Odessa in 2019,” Turner said. “So, it’s unfortunate the governor hasn’t sought to continue that, or didn’t use the State of the State address anyway, to continue that conversation.”
O’Rourke put it this way: “It’s clear that he’s more concerned about taking care of the gun lobby than he is in taking care of Texas. “
What are lawmakers proposing?
In the months following the August 2019 El Paso shooting, roundtables and hearings were held on mass violence, and it looked like gun safety would be among the top issues addressed by lawmakers. But then the coronavirus hit.
The coronavirus, redistricting and a budget shortfall leave legislators with a busy few months.
“The pandemic diverted attention from one tragedy to another, but I think the Texas Legislature is big enough and capable enough to solve a multitude of problems,” said Sen. César Blanco, an El Paso Democrat and former state representative whose House district included the Walmart where the Aug. 3, 2019, shooting occurred.
“It’s just going to require the political will to do it,” Blanco said.
Members of the El Paso delegation have filed bills in response to the shooting. Rep. Joe Moody, a Democrat, is carrying “red flag” legislation. Blanco proposes requiring a national instant criminal background check for private firearm transfers. Another proposal by Democrat Rep. Lina Ortega would prohibit assault weapons from being sold to people younger than 21.
Blanco and State Rep. Charlie Geren, R-Fort Worth, have filed similar measures that would make it a criminal offense to provide false or misleading information to a person conducting a background check through the National Instant Criminal Background Check System.
Springer has filed a packet of 11 bills that includes proposals for “constitutional carry” — the legal carrying of guns without a license — and banning “red flag” laws. Another measure would allow people 18 and older who are being protected as part of protective order to carry a handgun. Under current law, you must be at least 21 to get a handgun license in Texas.
“Protecting the Second Amendment means that the federal government can’t hand down restrictions which threaten Texans’ safety,” Springer said in a statement. “The choice to own a firearm should not be infringed upon and it’s a sad state of affairs that we have to file legislation to keep our citizens protected from their own government. Public safety is always one of the top concerns I hear from constituents about in North Texas. How individuals choose to keep themselves and their properties safe is a freedom that I will keep fighting for.”
Ed Scruggs of Texas Gun Sense said it’s too soon to know what proposals will gain traction, but he hopes common ground can be found in the area of background checks for gun purchases. He pointed to Lt. Gov. Dan Patrick’s openness to background checks for stranger-to-stranger firearm sales, as reported by the Dallas Morning News.
When lawmakers convened in 2019 following mass shootings in Sutherland Springs and Santa Fe, they increased resources for mental health and school safety and allocated funds for a safe gun storage campaign. They also expanded where guns could be carried, including in churches.
Asked what gun safety measures he’d support this session, Abbott pointed to reports issued after the Santa Fe shooting and El Paso shooting. His September 2019 Safety Action Report calls for the state to “act with resolve.”
“Every Texan has a role to play,” Abbott said in the report. “Together, we will ensure a safe and secure future for our state, while also upholding the constitutional rights of all Texans.”
The report notes that Abbott formed a Domestic Terrorism Task Force and issued executive orders responding to the shooting, several of which were related to suspicious activity reporting.
In the portion of the report addressing firearm safety, Abbott says the legislature should consider speeding up the reporting of criminal convictions to the Texas Department of Public Safety and look at prohibiting the straw purchase of firearms to “keep guns out of the hands of criminals while protecting the Second Amendment rights of law-abiding citizens.”
Among the 11 policy recommendations: examining “ways to make it easy, affordable, and beneficial for a private seller of firearms to voluntarily use background checks when selling firearms to strangers.”
“I wouldn’t add anything to that,” Abbott told the Star-Telegram.
18 months later
Pastor Michael Grady knows the pains associated with gun violence firsthand. His adult daughter, Michelle, was shot three times in the attack at the El Paso Walmart but survived. Grady has been a vocal advocate for gun safety laws and testified before state lawmakers during field hearings.
“But it’s so far removed,” Grady said. “It happens. There’s a lot of press, then the press disappears. The story dies. In El Paso, at least, I’ve been trying to keep that story alive.”
For Grady, the conversation around reforms to gun laws isn’t about taking away guns. Rather, it’s about “having common sense legislation,” he said.
He’d like to see background checks on every gun purchase, a waiting period for buyers and the sharing of background information between localities.
“You have the right to bear arms, but you do not have a right to infringe upon the rights of citizens who are unprotected,” Grady said.
O’Rourke, a former congressman from El Paso, has called for ending the sale of assault-style weapons, extreme risk protective orders, and other measures to curb gun violence.
The protective orders are something O’Rourke became familiar with when talking with survivors of the 2018 shooting in Santa Fe.
“I think if we want to honor those who have survived some of these massacres and other instances of gun violence, we need to listen to them and follow the guidance that they have provided for us,” O’Rourke said. “They understand this better than anyone.”
