StMU Research Scholars

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March 30, 2020

The Lone Star State: The Reality of Gun Legislation In Texas

How have Texas legislators failed at passing meaningful gun control measures for the state? In recent times, gun control legislation proposals have come and gone in rapid succession. Despite this, many of these different forms of gun control laws have failed in the Texas house and senate. The failure of the red flag laws in Texas in particular prove the need for gun control in the state. Texas’ gun laws have too often been inadequate in preventing violence in the state and therefore have failed at protecting Texans from gun violence.

Mass shootings have become par for the course for the country as every year we see a continuing increase in mass shootings. Texas, however, holds the record for the most number of deadliest mass shootings in the country. Texas has four of the ten most deadly mass shootings.1 Along with that, six of the top twenty most deadly mass shootings are in Texas compared to California, which has half that number. The six most deadly mass shootings in Texas in modern history are as follows: August  1, 1966 UT Tower shooting with eighteen dead; October 16, 1991 Luby’s shooting with twenty-four dead; November 5, 2009  Fort Hood shooting with fourteen dead; November 5, 2017 Sutherland Springs with twenty-seven dead; May 18, 2018 Santa Fe High School with ten dead; and finally August 3, 2019 El Paso Walmart with twenty-two dead.2

The El Paso Shooting Memorial | Courtesy of NBC News

Texas is a state known for its gun culture, and it is because of this gun culture that gun legislation in Texas inadequately addresses gun violence in the state. In October of 2017, Texas ranked the highest of any state with the most amount of licensed gun dealers.3 Journalist Tom Dart interviewed Texas resident Dan Golvach after the shooting in El Paso and despite stating that the shooting was a “moral disaster,” Golvach said, “We are Texas because of Guns.” The article continues as the CEO of the Houston-based company Tuffy Packs, which creates bulletproof inserts for backpacks, states that he supports raising the minimum age to twenty-one, but also says, “If I was a felon I could get a gun in downtown Houston tonight for $500.”4 The gun culture is not only among those who sell and buy guns, but also among the politicians of the state. After the shooting in El Paso, former congressman Beto O’Rourke endorsed a ban of certain military style weapons. He was quickly met with backlash as representative Briscoe Cain tweeted, “My AR is ready for you Robert Francis.” The tweet was quickly removed as it violated the sites rules against threats of violence, but the damage was done. It is no wonder that if the state’s politicians feel emboldened enough to express their opinions against forms of gun control with violence towards those that support them, then the people of the state also must feel the same.5

News article on The UT mass shooting | Courtesy of the New York Daily News

After every large mass shooting in the country, state legislators are faced with the issue of reforming its gun laws, as media rages about gun control or violence due to violent video games, and Texas is no exception. Red flag laws are a type of gun control that was first used by the state of Connecticut in 1999. The premise of the law is simple: it allows the police or a family member to petition the court for a temporary removal of the firearms of a person who presents a danger to themselves or to others.6 Red flag laws have been passed in some of the country’s most prominent gun supporting states, such as Florida, but such laws continue to fail in the Texas legislature even when proposed by the governor himself. The fact is that current Texas laws make the red flag law implausible. The red flag law is essentially a protective order. Protective orders can be seen as a restraining order in domestic violence cases. Texas law already prohibits anyone under a protective order for domestic violence from owning a firearm, but the enforcement is where the problem lies. The law doesn’t state how guns should be removed or who should take them. These problems make legislators skeptical of creating another kind of protective order that essentially would have no teeth. This, however, is not the only reason legislators are skeptical. In March of 2018, Florida Governor signed into law a bill that gave police greater power to seize weapons and ammunition from those deemed mentally unfit. The NRA sued the state of Florida for violating the second and fourteenth amendments of the US Constitution. Interestingly enough, according to NPR journalist Samantha Raphelson, the NRA has spent decades pushing for legislation that stifles research and the spread of information on gun violence, and they have been successful. Congress passed a bill in March of 2018 that cut funding for research by 90%. In the article a Dr. Mark Rosenberg, former director of the CDC’s National Center for Injury Prevention and Control, states that “The NRA told everybody, ‘You either can do research or you can keep your guns. But if you let the research go forward, you will all lose all of your guns.’”7 Knowing the influence the NRA has over the state, as the Texas governor and many legislator are supporters of the organization, it is not surprising that there has not been greater push for the legislation.8

The Texas answer to gun violence has been to loosen gun laws, not increase them. For example, after the Sutherland Springs shooting in a Baptist Church, the Texas legislature passed a bill that would consider churches private property. This law allowed for armed members of the West Freeway Church of Christ to shoot and kill a gunman who open fired. Although this law seems effective in that one instance, the fact of the matter is that the gunman killed three people before being shot. Had the state had more efficient forms of gun control, it is possible that this man would not have been able to obtain a gun to kill those people.9

Law enforcement officials investigate a mass shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017 | NICK WAGNER / AMERICAN-STATESMAN

Texas has earned an F from the Gifford Law Center to Prevent Gun Violence in its laws by failing to protect its people. The fact of the matter is that current firearm laws in Texas are too lenient and have many loopholes allowing for almost anyone to obtain a firearm. In April of 2017, Texas led the nation in the most amount of registered weapons under the National Firearms Act.3 The National Firearms Act deals with machine guns, suppressors, and bombs. According to federal and state law, an individual over the age of eighteen may own an assault weapon after paying a tax and submitting an application that, in the state of Texas, does not require fingerprints and photos when bought under trusts and business entities.11 This loophole, like many others in the state, allows for people who are unfit to own a firearm to obtain one. Federal Law also prohibits addicts  and unlawful users from owning a firearm, and despite following this law, the state of Texas has no universal background checks or waiting periods for the purchase of a firearm.12 Therefore, the law has a very limited way of checking to make sure that a person can lawfully own a firearm. Along with no universal background checks, the state has no ban on assault-style weapons, such as an AK-47. In fact, the state of Texas also has no official age minimum, but does follow the federal law of an age minimum of eighteen, which is younger than the federal age minimum for alcohol and tobacco related products.13 This allowed twenty-year-old Patrick Crusius to buy an AK-47 variant, which he used in the El Paso shooting on August 3, 2019.

What comes next? If the state continues to follow in this path, we can expect to see more violence and continue to be the state with the most number of deadly mass shootings. In light of this information, it is clear to see the failure of the current laws to protect Texans. According to Professor Carl T. Bogus at Roger Williams, about 30% of Texas households have a gun compared to New York, which has about 11%; and research states that homicide rates in high gun states are triple those in low gun states.14 Gun Control is necessary in preventing gun violence. The easiest form of gun control is to raise the minimum age to twenty-one. This form of gun control has bipartisan support and could be implemented federally. Several other forms, such as background checks and assault weapon bans, along with bump stock bans, should also be considered.15 Loopholes and other laws should also be looked at and strengthened, such as the current protective order laws.

Shortly after August 3, 2019, representatives of El Paso in the house and senate of the state legislature presented House Bill 131 and Senate Bill 157 on gun control legislation, specifically focusing on Red Flag Laws as an option for the state. As expected, the state legislature whisked them away quickly and quietly. As a state, we must move forward from living in an undeniably toxic culture surrounding guns to a societal change that does not affect our rights as Americans, but protects the most vulnerable among us from life threatening violence. Without this change, more Texans and American people will be afraid of going to school, college campuses, lunch with friends, and even simply grocery shopping.

  1. Saeed Ahmed, “4 of the 10 deadliest Mass Shootings in Modern US History Have Taken Place in Texas,” CNN (Cable News Network, August 4, 2019),https://www.cnn.com/2019/08/03/us/texas-el-paso-walmart-shooting-among-deadliest-trnd/index.html).
  2. “Mass Shootings in the US Fast Facts,” CNN (Cable News Network, February 20, 2020), https://www.cnn.com/2019/08/19/us/mass-shootings-fast-facts/index.html).
  3. Michael Hogue and Karen Robinson-Jacobs, “Texas’ Gun Culture in Four Charts,” Dallas News (Dallas News, August 25, 2019), https://www.dallasnews.com/business/2017/11/06/texas-gun-culture-in-four-charts/).
  4. Tom Dart, “’We Are Texas Because of Guns’: El Paso Carnage Unlikely to Dent State’s Gun Culture,” The Guardian (The Guardian, August 9, 2019), https://www.theguardian.com/us-news/2019/aug/09/el-paso-shooting-texas-guns).
  5. Kayla Epstein Antonia Farzan, “’My AR Is Ready for You,’ Texas Republican Lawmaker Tells Beto O’Rourke over Mandatory Buybacks,” The Washington Post (WP Company, September 13, 2019), https://www.washingtonpost.com/nation/2019/09/13/beto-orourke-roscoe-cain-death-threat-twitter/).
  6. Salem Press Encyclopedia, 2020, s.v. “Red Flag Laws,” by Eric C. Bullard.
  7. Samantha Raphelson, “How The NRA Worked To Stifle Gun Violence Research,” NPR (NPR, April 5, 2018), https://www.npr.org/2018/04/05/599773911/how-the-nra-worked-to-stifle-gun-violence-research).
  8. Steve Almasy, “NRA Sues Florida to Block Part of New Gun Law,” CNN (Cable News Network, March 10, 2018), https://www.cnn.com/2018/03/09/us/nra-sues-florida-gun-law/index.html).
  9. Jollie McCullough and Texas Tribune, “Will Texas Pass A ‘Red Flag’ Law To Remove Guns From People Who Are Deemed Dangerous?,” Houston Public Media, June 18, 2018, ” href=”https://www.houstonpublicmedia.org/articles/news/2018/06/18/291461/will-texas-pass-a-red-flag-law-to-remove-guns-from-people-who-are-deemed-dangerous/)”>https://www.houstonpublicmedia.org/articles/news/2018/06/18/291461/will-texas-pass-a-red-flag-law-to-remove-guns-from-people-who-are-deemed-dangerous/).
  10. Michael Hogue and Karen Robinson-Jacobs, “Texas’ Gun Culture in Four Charts,” Dallas News (Dallas News, August 25, 2019), https://www.dallasnews.com/business/2017/11/06/texas-gun-culture-in-four-charts/).
  11. Mark Anthony Correo, “4th Annual Firearms Law : What Every Texas Lawyer Needs to Know Course,” State Bar of Texas, 2015 ” href=”http://search.ebscohost.com/login.aspx?direct=true&db=cat03837a&AN=SMU.b1770708&site=eds-live&scope=site”>http://search.ebscohost.com/login.aspx?direct=true&db=cat03837a&AN=SMU.b1770708&site=eds-live&scope=site.
  12. Allen Halbrook et al., Texas Perspectives on Firearm Laws (Austin, TX: State Bar of Texas, 2015)).
  13. “Texas Gun Laws,” Giffords Law Center To Prevent Gun Violence (Giffords Law Center To Prevent Gun Violence, December 12, 2019), https://lawcenter.giffords.org/gun-laws/state-law/texas/)
  14. Carl Bogus, “How Gun Control Got Murdered,” The American Prospect, August 30, 2011, https://prospect.org/culture/gun-control-got-murdered/).
  15. Benjy Sarlin, “6 Proposals to Reduce Gun Violence and How They Work,” NBCNews.com (NBCUniversal News Group, March 6, 2018), https://www.nbcnews.com/politics/white-house/6-proposals-reduce-gun-violence-how-they-work-n851736).

Tags from the story

gun control

Mass Shootings

red flag laws

Texas

Recent Comments

Andres Ruiz

Guns are as much a part of the Texas identity as boots and hats. While I do believe that guns should continue to be a part of America’s identity and the wholesale ban of them would cause strife among the people, I also believe that responsible gun legislation is in dire need in texas. This could mean regulation of sales of firearms at gun conventions, as well as background checks with each purchase, and a stated reason for obtaining the gun. Certain guns should provide a certain service. For instance, I feel an assault rifle such as an ar-15 could be argued for a hunting rifle or pest control, but not a personal defense weapon. These classifications would be on a case by case basis, and would cause price increases or decreases.

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26/04/2020

6:54 am

Yazmin Garcia

An informative article over gun control and certain gun related violent events. There is no denying that there is a problem and gun control should be heavily enforced. As a Texan we do have a huge gun culture and many are very proud of this and feel safe knowing that they have a form of protecting themselves. I think that this article had good intentions and listed some great information. However, the suggested solutions on how to lower such events, like raising the age from 18 to 21, is questionable as we have many military members who are 18-20.

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26/04/2020

6:54 am

Berenice Alvarado

In my opinion guns have always been an issue and it will always be one. As much as we hate that people use their gun license to do major destruction in schools and other places and kill innocent people, many other people have been saved by the fact that they carry a gun around with them where ever they go. This article is interesting and well written.

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26/04/2020

6:54 am

Melanie Fraire

I myself feel very strongly about enforcing stricter gun laws since gun violence has become normalized in the United States as sad as it is to say but if you compare the U.S to the other countries, the numbers are way higher in the amount of gun incidents and the amount of gun deaths that occur. I can only hope that effective gun laws are introduced soon.

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26/04/2020

6:54 am

Hailey Rodriguez

This article is very informative. I had no idea that Texas holds the record for the most amount of deadly mass shootings! Its crazy to think how much effort has been put into changing gun laws in this state and well even in this country yet the fact that we’ve barely made any process due to all the anti-gun control people fighting back.

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26/04/2020

6:54 am

Margaret Cavazos

This article showed how lax gun laws are in Texas compared to other states within the United States. While many people will cling to the second amendment right as justification for this failure, the second amendment right is simply the right to “keep and bear arms”. This allows for interpretation and regulation and should not be seen as an attack on constitutional rights. The fact is, mass shootings are tragic, and perhaps if guns were regulated, by type of gun and by allowing for background checks as well as fingerprinting and documentation, lives could be saved. There is no reason for people to be murdered while going to church or grocery shopping. I understand that guns are difficult to regulate, especially in such a “gun culture” as the one present in Texas, but if gun owners that cling to their 2nd amendment right are truly responsible as they say they are, then they should have no problem being registered, trained, fingerprinted, and made to store their guns properly. People that have a history of domestic abuse, violence, should have more strict guidelines in place if they are allowed at all. There is no reason for people to die because a gun was made available to someone who should not have had one. I understand that guns can be sold illegally, and of course, this is difficult to regulate. However, if the laws were more strict, at least it would be more difficult for the wrong people to acquire deadly weaponry. This article was informative and showed how legal failings can lead to death and how even people that try to bring these problems to light are faced with such backlash and threats.

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26/04/2020

6:54 am

Yuliana Vasquez

I was able to learn a lot more about the laws and the shooting that have been around while reading this article. Its interesting how easily you can get a gun, especially for a person using it for the wrong reason such as the people who do shootings. Although I know some people be responsible, I still believe that there should be stricter laws .

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26/04/2020

6:54 am

Lulu Guadalupe Avitua-Uviedo

This was a very interesting article especially for the times. So many times I questioned how legislature has not made enough changes in gun control. I understand how people voiced their rights to carry but seriously what has it proven? I was one of the organizers for the Our lives matter in Washington after the Parkland shooting and so many people who don’t oppose owning a gun did oppose the abused freedom people are taking advantage of. A good friend of mine lives in Sutherland Springs and was not in church the day the shooting happened because he was home sick but he knew so many people who were killed all because someone was allowed to purchase a gun when all the red flags said he shouldn’t have been able to. I guess I just don’t understand or support what makes no sense. I hope those who read this article will really think about all sides of gun control.

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02/05/2020

6:54 am

Maria Obregon

Great article! I learned so much. One thing I was not aware of was that Texas earned an F from the Gifford Law Center to Prevent Gun Violence because of its laws, but after reading this article, it is no surprise that they did. Also, I agree with your comment on how if the state continues this way and does not change anything, then there will be more violence, and it is most likely that there will be more deadly mass shootings. As a Texan, this scares me. Texas definitely needs stricter gun laws, not necessarily raising the age of those who can purchase, but I do agree with you on banning assault-style weapons and having background checks.

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23/08/2020

6:54 am

Eric Hernandez

This article opened my eyes to a new knowledge of firearms that I never would’ve even believed. First off, I find it very terrifying to know that people aren’t background checked before being allowed to buy a firearm. Reading this article really made me think, why isn’t Texas trying harder or listening to the feedback concerning firearm laws? I’d rather have a strict set of laws for firearms instead of more lives lost because of ignorance or lack of attention to gun violence.

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23/08/2020

6:54 am

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