Off the Kuff Rotating Header Image

Texas State Rifle Association

Hegar targets open carry

I’m all in for this.

MJ Hegar

Former Air Force pilot MJ Hegar, a Democrat challenging Republican U.S. Sen. John Cornyn, is calling for an end to open carry.

The issue has never attracted the same sort of urgency from gun safety advocates as expanding background checks or banning assault-style weapons. But advocates say that is changing as protests rage on. They point to the Austin case and other high-profile shootings, including in Kenosha, Wis., where 17-year-old Kyle Rittenhouse is accused of killing two protesters and injuring a third with an AR-15-style rifle.

Like Texas, Wisconsin state law allows for rifles to be carried openly, though the state requires the carrier to be 18, meaning Rittenhouse likely was breaking the law. Police didn’t stop him before the shooting, despite video showing them offering him water.

“These cases are exactly why we need to curb open carry,” Hegar said. “Open carry in this day and age only serves to escalate the division and violence in our communities. Recent incidents show us that open carry is no longer about freedom but violence.”

[…]

Gun violence prevention groups that have backed Hegar — and plan to spend heavily in her favor — say it’s a position that will appeal to suburban voters, especially suburban women, a key demographic Hegar will need to carry if she is to be the first Democrat to win a statewide race in Texas in a generation.

Hegar’s backers believe she’s an ideal messenger on the issue as a mother, gun owner and decorated war veteran.

“We haven’t seen statements like this in a long time, and it goes to her experience,” said Brian Lemek, executive director of the Brady PAC, a group that supports candidates pushing for new gun laws. “How many people out there can say … ‘I took on fire from the Taliban, I have scars to show it.’ She understands the dangers.”

Pro-gun groups say Hegar is just trying to find anything that will help her gain traction as she trails Cornyn in polling and fundraising.

“She’s looking for anything she can get and she’s targeting probably new people who have moved to Texas, probably urban people, urban mothers or women,” said Mike Cox, legislative director of the Texas State Rifle Association. “She’s looking for anything.”

But Hegar — who owns five guns, including a semi-automatic assault-style rifle — has been calling to end open carry since at least last year, well before she won her party’s nomination, when she called open carry “an assault on every bystander within range.”

While the coronavirus and economic downturn have dominated much of the campaign season so far — and Hegar says they will remain the most important issues of the race — polling in Texas has shown support for gun laws, including universal background checks, red flag laws and banning assault-style weapons, especially after mass shootings in El Paso and Midland-Odessa last year.

Polling data shows a solid majority in favor of “sensible gun laws”, but that leaves a lot of room for interpretation. It’s also not clear how much a specific position might persuade someone to cross over to vote for a candidate they otherwise wouldn’t have supported, or how much a strong position on this issue affects turnout on either side. Be that as it may, the only path forward for new gun laws at the federal level begins with a Democratic majority in both chambers of Congress, and so for obvious reasons a Senator MJ Hegar advances that possibility. Federal laws and policies can also influence state laws, but that will depend on a whole other set of elections here. All of that said, I think we can agree that it’s a new day in Texas when a serious contender for statewide office can openly embrace stronger gun laws as a key part of her candidacy. I feel confident saying that hasn’t happened before. Even if she loses, this won’t be a one-off event. Expect to see more of this in the 2022 elections, when serious change at the state level is on the ballot.

Hog apocalypse update

The poison plan for controlling feral hogs is set to be put on pause by the Legislature.

A bill poised to pass the Texas House would amend the Texas Agriculture Code to prohibit the Department of Agriculture from registering, approving for use or allowing use of any pesticide for feral hog control unless a study by a state agency or university recommends such action.

That legislation – HB 3451, by Rep. Lynn Stucky, R-Denton – was filed in the wake of the Texas Department of Agriculture’s emergency rules issued earlier this year (and since suspended by a state judge) that set regulations for use of the first pesticide approved by the federal Environmental Protection Agency for use controlling feral hogs. Texas holds more than 2 million feral hogs, an invasive species causing significant environmental and economic damage in the state. While extermination of feral hogs is almost universally approved by Texans, the move allowing use of the pesticide proved controversial, drawing intense opposition from a wide range of individuals and organizations concerned about the potential negative effects on humans and non-target animals from warfarin, the pesticide’s active ingredient.

Stucky’s bill, which has more than 120 House members as co-sponsors, sailed through its committee hearing, initial procedural readings on the House floor and could see final passage by the House as soon as this week.

The bill can expect to be well received in the Texas Senate, where a companion bill – SB 1454 by Sen. Kirk Watson, D-Austin – has almost a third of the Senate as co-sponsors.

See here and here for the background. That column was published on Wednesday. HB3451 was postponed, first till Thursday and then till Monday, at which time it was overwhelmingly approved by the full House.

Texas Agriculture Commissioner Sid Miller’s push to use a warfarin-based poison to kill feral hogs in the state has a long list of opponents that now includes more than two-thirds of the Legislature where Miller once served.

House lawmakers voted 128 to 13 to preliminarily approve legislation Monday that would require state agency or university research before the use of lethal pesticides on wild pigs. A companion bill in the Senate has 10 co-sponsors.

[…]

A coalition of hunters, animal rights advocates, conservationists and meat processors has mobilized against the use of the poison. The Texas State Rifle Association, Wildlife Rescue and Rehabilitation, the Texas Hog Hunters Association and the Texas Veterinary Medical Association are all among the groups that support the bill.

Lotta love for ol’ Sid there. SB1454 has not had a committee hearing yet. Sure seems likely this will pass, especially given that House vote, but it’s never over till it’s over in the Lege. There’s more about other outdoors-related bills in that column, so check it out if that’s your thing.

No open carry

The “Open Carry” movement, which was advocating for a change to Texas’ concealed carry law to allow guns to be worn in plain view, appears to have failed as no bill was filed to achieve this end.

[A]fter months lobbying the Legislature, members of the grassroots gun group [OpenCarry.org] have conceded that they could not persuade any Texas lawmaker to file open carry legislation this session, said Ian McCarthy, a student who chairs the Texas Open Carry Work Group.

“I’ve been calling, meeting, doing everything but nobody wants to introduce it,” he said.

It’s not as if there wasn’t ample interest among lawmakers, McCarthy said, but “most of them are just loaded down with so many bills they’ve already introduced.”

State Rep. Debbie Riddle, whom the open carry folks tagged months ago as the bills presumptive sponsor, had the legislation drafted but never introduced it. Her chief of staff explained to open carry members in an email that such legislation was unlikely to pass and that talks of an open carry proposal have already caused difficulties for other Second Amendments bills.

I find this more than a little surprising, but as had been noted before, this may have been a bit of a turf battle.

In the roughly six months since the group started fundraising through online donations to pay for radio spots, billboards and advertising on taxi’s across Texas, they apparently did little to gain favor with the gun lobby.

The Texas State Rifle Association, a state affiliate of the National Rifle Association, never publicly supported the proposal, saying instead they were focusing this session on their current agenda, which did not include open carry. Ultimately, the lack of support from the influential gun lobby could have doomed the group’s efforts to get a bill introduced, open carry members opined on their forums.

I have a hard time believing that a bill like this can’t get passed in Texas. But it’ll have to wait till next session.