Gov. Greg Abbott said Wednesday that it would be unconstitutional to increase the minimum age to buy assault-style rifles from 18 to 21 years old — a key proposal Uvalde parents have called for after an 18-year-old gunned down their children’s school in May.
“It is clear that the gun control law that they are seeking in Uvalde — as much as they may want it — has already been ruled as unconstitutional,” Abbott said at a reelection campaign event in Allen.
The gunman in Uvalde bought two AR-15-style rifles days after he turned 18, the legal purchasing age in Texas, and used those weapons to kill 19 students and two teachers at Robb Elementary.
In the aftermath of the shooting, Texas Senate Democrats have asked for a special legislative session to increase the minimum age to purchase a semi-automatic rifle. Families of Uvalde victims and survivors also have pushed for a three-year increase to the legal purchasing age.
In the days after the shooting in Uvalde, Abbott was asked if he would consider banning assault-style weapons for 18-year-olds. The governor at the time appeared hesitant.
“Ever since Texas has been a state, an 18-year-old has had the ability to buy a long gun, a rifle. Since that time, it seems like it’s only been in the past decade or two that we’ve had school shootings. For a century and a half, 18-year-olds could buy rifles and we didn’t have school shootings. But we do,” Abbott said. “Maybe we’re focusing our attention on the wrong thing.”
Abbott that day was immediately interrupted by state Sen. Roland Gutierrez, D-San Antonio, who said, “Your own colleagues are telling me, calling me and telling me an 18-year-old shouldn’t have a gun. This is enough. Call us back, man.”
“Simply doing nothing is about as evil as it comes,” Gutierrez later said in June.
A video of Abbott making the claim circulated on social media, drawing reactions from Texas leaders and Uvalde parents. Brett Cross, father 8-year-old victim Uziyah Garcia’s father, tweeted a video in response to Abbott, noting the “parents matter” signs.
“What parents are you referring to actually? Because it’s not us in Uvalde,” Cross said. Cross also claimed that during a conversation he had in person with Abbott, the governor shut down any talks about changing gun laws because it wouldn’t have changed anything. Abbott allegedly pointed to the 17-year-old gunman from the Santa Fe High School shooting in 2018, Cross said.
“Except it would have,” Cross said. “You see that piece of s–t that murdered our children legally bought that damn gun. You could do something about it. You’re just too chicken s–t to do it. So don’t sit there and act like you’re for the people, that you’re for the parents, that you’re for the children, because you don’t give a damn.”
Cross continued: “But I implore you, make a liar out of me. Call a special session. Or don’t and prove me right. The choice is yours buddy.”
Abbott’s office did not immediately on Wednesday return a request for comment on his conversation with Cross.
The video also drew reactions from other Texas leaders. Austin Mayor Steve Adler tweeted in response: “Seven states have raised the minimum age to 21. It is possible.”
Abbott’s Democratic gubernatorial opponent Beto O’Rourke denied the governor’s claim, writing on Twitter: “Yes, it is. And thanks to the leadership of the families in Uvalde, we are going to do it.”
David Hogg, gun control activist and survivor of the Stoneman Douglass High School shooting tweeted: “Bulls–t we did it in Florida.”
The most obvious thing to point out here is that this ruling can be, and should be appealed. Indeed, the judge in question put his ruling on hold for 30 days pending appeal. That stay can be extended by the appeals court or SCOTUS, and at this point we don’t know what a final ruling will be. That ruling was about carrying handguns, and the demand here is about buying assault weapons, so even if the ruling in this case is eventually upheld, it doesn’t mean that a law raising the age to 21 for assault weapons would be illegal under it. Actual legal experts agree with me on these points!
At least seven states — California, Florida, Hawaii, Illinois, New York, Vermont and Washington — have passed legislation raising the legal purchase age for sales of long guns, and several are still cases regarding those laws are winding their way through the courts.
“It’s an unsettled question whether states can restrict guns to people under 21,” said Adam Winkler, a UCLA law professor who studies gun policy. “There are court cases going both ways … This is one of many issues the Supreme Court is going to have to take up in the coming years.”
David Pucino, deputy chief counsel for the Giffords Law Center to Prevent Gun Violence, said there is a well-grounded case to be made that age restrictions are lawful and in keeping with historical laws.
“There is really strong law and strong history to support the principle that you can have these restrictions,” Pucino said. “Historically, the age of 21 was the age of majority (legal adulthood); it’s only a far more recent development that it’s been lowered to the age of 18.”
Pucino added that the cases to which Abbott refers had to do with carrying of handguns, not purchasing of assault weapons.
“An important distinction is that handguns are recognized by the Supreme Court as being the quintessential weapon for self-defense, and that is absolutely not the case with assault weapons,” Pucino said. “These rifles in particular have offensive capabilities, and that’s their distinguishing feature is the fact that they can be used to inflict an incredible and horrifying amount of damage in a very short period of time.”
Greg Abbott is a lawyer and he knows these things perfectly well. He just doesn’t want to deal with them, and so he dodges the question. Oh, and did I mention that the state of Texas is the defendant in that handgun lawsuit? The state of Texas is the party that would be making the appeal of that ruling. If it chooses to, of course, which is also a thing Greg Abbott has a say in. Don’t believe his “we can’t do anything” baloney.