Gun rights activists object to judges taking firearms from potentially violent Texans – By Brianna Stone (dallasnews.com) / July 24 2018
Melanie Maxwell / AP file photo
AUSTIN — Gun rights activists on Tuesday shredded a proposed “red flag” law that would let judges temporarily remove guns from Texans who show warning signs of violence.
Self-styled champions of the Second Amendment seized on the occasion of a Senate school-safety panel’s final public hearing to object strongly to the laws, which about a half-dozen states have passed.
Critics say that the laws would dangerously curtail Texans’ freedom and that they focus on weapons instead of the real culprit behind mass shootings — mental instability.
“The risk lies with the person, not the firearms,” Gary Wells, a lawyer for the Texas State Rifle Association, told the Senate Select Committee on Violence in Schools & School Security.
The nine-member panel, which Lt. Gov. Dan Patrick created soon after the Santa Fe High School attack in May, is scrambling to report back to him with recommendations on school building design, addressing students’ mental health concerns and arming school personnel.
Patrick’s fourth and final request of the committee was that it study whether current protective order laws are sufficient or whether the Senate next year should consider “extreme risk protective orders,” such as those outlined in red flag laws.
Patrick, the Senate’s presiding officer, stressed in his May 30 directive that any red flag law would need to ensure efficient due process with regard to the Second Amendment.
Late Tuesday, he issued a statement distancing himself from the proposal.
“I have never supported these policies, nor has the majority of the Texas Senate,” Patrick said, noting a bill on the subject last year garnered little support.
“Gov. Greg Abbott formally asked the Legislature to consider ‘red flag’ laws in May, so I added them to the charges I gave to the select committee,” he explained “However, Gov. Abbott has since said he doesn’t advocate ‘red flag’ laws.”
Tuesday’s final hearing was standing-room only. Attendees who support red flag laws wore red “Moms Demand Action” T-shirts, while those against the laws, some with handguns on their hips, brandished bright green “Guns Save Lives” stickers.
Friendswood GOP Sen. Larry Taylor, the panel’s chairman, stressed that he has not drafted a red flag law. He said any measure allowing judges to temporarily remove firearms from someone who poses an immediate danger to themselves or others would protect rights and include due process.
Sen. Royce West, D-Dallas, asked if the rifle association completely opposes red flag laws or if there’s some middle ground.
“No,” Wells responded. “We see no reason for red flag laws whatsoever.”
Mark Tippetts, the libertarian candidate for governor, testified that he opposes red flag laws because they would violate constitutional rights and restrict Texans’ freedom.
Terry Holcomb, a gun rights activist and member of the State Republican Executive Committee from southeast Texas, said the GOP opposes red flag laws that would take away guns, even if there’s no criminal conviction or finding by a health professional that someone is mentally incompetent.
Members of Moms Demand Action For Gun Sense In America and Texas Gun Sense, organizations advocating for stricter gun control, testified in support of red flag laws to prevent future mass shootings, suicides and other forms of gun violence.
Danna Halff, a volunteer with Moms Demand Action, said she experienced family violence throughout her life and doesn’t know if she would still be alive today had there been guns involved.
“Red flag laws are what we need,” Halff said. “They are designed to keep guns out the hands of people who are documented to pose a threat to themselves or others. They are an effective tool for preventing mass shootings.”
The committee is expected to issue its recommendations next week.
