Off the Kuff Rotating Header Image

The Senate is an obstacle to permitless carry

A small bit of hope. Don’t rely on it too heavily.

While a bill to allow most people to carry a handgun without a license sailed through the Texas House, it now faces a Texas Senate where the leader, Lt. Gov. Dan Patrick has made his support for law enforcement a critical part of his political identity. And a large contingent of Texas law enforcement officials have adamantly opposed legislation that would allow unlicensed carrying of weapons, despite some gun-rights groups pushing Republicans to make the bill law.

“This bill does not make officers more safe,” Dallas Police Chief Eddie Garcia said at a rally in front of the state Capitol that included Harris County Sheriff Ed Gonzalez and dozens of other law enforcement officials. “It makes us less safe.”

Patrick, who has the authority in the Senate to quell most any bill he wants, said on Monday the votes are not there in the Texas Senate right now to move the legislation.

“If we have the votes to pass a permitless carry bill off the Senate floor, I will move it,” Patrick said Monday. “At this point we don’t have the votes on the floor to pass it. I plan to meet with law enforcement who oppose permitless carry and with the NRA and GOA (Gun Owners of America) who support it to see if we can find a path that a majority of senators will vote to pass.”

It’s not dissimilar from what Patrick has said about the issue in the past. During a 2017 radio interview in San Antonio, Patrick told host Trey Ware that “law enforcement does not like the idea of anyone being able to walk down the street with a gun and they don’t know if they have a permit or not.”

See here for the background. One should never invest too much time waiting for Dan Patrick to do the right thing, but I believe him when he says it is opposition from law enforcement that is the issue for him and his minions. I do not think this is a line in the sand for him, though. If there’s an incremental loosening of gun laws that he can sell to law enforcement, it’ll happen. I’ll be more surprised if nothing passes than if some watered-down version of HB1927 passes.

Of course, there are other ways to make us all less safe.

Federal calls for action after recent mass shootings have put Gov. Greg Abbott and GOP state lawmakers on the defensive. Now they’re laying the groundwork to block federal gun regulations through legislation that would make Texas a “Second Amendment sanctuary state,” prohibiting state agencies and local governments from enforcing new federal gun rules.

But legal experts say the move is largely symbolic, and that its practical effect would be to make it harder — but not impossible — for federal officials to enforce new gun control measures.

The push to steel Texas against federal rules comes amid several instances of gun violence nationwide — including a shooting in Bryan on April 8 and another in Austin on Sunday. The longstanding debate in Washington, D.C., over gun control has reignited, moving Democrats in Congress and the White House to call for an assault weapons ban and stronger background checks, among other changes.

“We need to erect a complete barrier against any government official anywhere from treading on gun rights in Texas,” Abbott said during his annual State of the State address in February.

If the legislation passes, Texas would join Alaska, Idaho, Kansas, Wyoming and Arizona – along with more than 400 local governments in at least 20 states – in declaring themselves sanctuaries for gun rights.

“This is what I’m seeking for Texas — a law to defy any new federal gun control laws,” Abbott said in a tweet April 7 about Arizona’s recently approved new law. “I look forward to signing it.”

So what impact would the law have if Congress passes stricter gun laws, like ones floated by President Joe Biden last week?

The sanctuary law would not allow Texas to nullify or override federal gun laws, said Sanford Levinson, a University of Texas School of Law professor. Instead, “what they can say [to federal officials] is, ‘If you want to enforce them, do it yourself.”’ Levinson said.

“The practical effect, if anything, is really at the margins,” added Darrell Miller, co-director of the Duke Center for Firearms Law. “It doesn’t mean the Department of Justice can’t enforce federal firearms laws in the state of Texas. It just makes their job more difficult, because they can’t rely on assistance from state or local government agents to help them out.”

[…]

Under House Bill 2622 by state Rep. Justin Holland, which cleared its first committee April 6 in a 11-2 vote, Texas state and local governments would be prohibited from enforcing or providing assistance to federal agencies on certain federal gun regulations that do not exist under state law, such as registry, license and background check requirements and programs that would confiscate guns or require people to sell them.

Among the new federal rules the bill would block Texas from enforcing are mandatory background checks for private gun sales.

[…]

Noteworthy in Holland’s proposal is that it threatens to deny state funds to any government agencies in Texas that enforce certain new federal restrictions, Miller said.

“Not only is this saying state police can’t help out the feds in enforcing federal gun legislation, it’s also saying the city of Austin Police Department can’t do it as well,” Miller said.

Holland said “there has to be teeth to the bill” to ensure consistent enforcement across the state.

“We can’t have standalone cities, counties, jurisdictions running around state laws as some sort of a political statement,” Holland said. Dozens of Texas counties have already declared themselves sanctuaries for gun rights.

Lawmakers said it’s possible Texas could lose some federal funds if the legislation passes.

“While there is no significant fiscal impact to state funding as a result of the bill, the impact on federal funding cannot be determined at this time because the response by federal agencies to this legislation is unknown,” the bill’s fiscal note reads.

One assumes that law enforcement doesn’t much care for this bill as well, but whether that’s enough to derail it remains to be seen – HB2622 hasn’t been voted on by the full House yet, much less the Senate, so there’s still a chance that it goes the way of all flesh without any further action. I personally would be in favor of Congress making various federal funds contingent on not doing stupid crap like this, but that feels a bit remote. I wouldn’t mind seeing someone with budget clout in Congress saying something about this, but let’s be honest, that’s more likely to make Republicans dig in their heels than reconsider their actions.

Related Posts:

Comments are closed.