Texas Senate Select Committee School Violence Safety
courtesy teachthevote.org
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After the Santa Fe high school shooting, Texas Governor Greg Abbott came out with a series of proposals to improve school security in the Lone Star State. One those proposals was to have the House and Senate “consider the merits of adopting a red flag law allowing law enforcement, a family member, school employee or district attorney to file a petition allowing the removal of firearms from a potentially dangerous person only after legal due process if provided.”

That last part, of course, is the rub. Of the thirteen states that have instituted so-called red flag laws, none have provided anything close to adequate due process protections for firearms owners. Guns are ordered confiscated first — sometimes without the gun owner being notified of the proceeding — and then owners can make their case that they really should retain their Second Amendment rights and property. All at great expense.

So the devil is very much in the details as to how such a law in Texas would be written while preserving due process protections and Second Amendment rights.

Yesterday, the Texas Senate Select Committee on School Violence and Security heard testimony on the merits of a red flag law from the public. We talked to Gun Owners of America lobbyist Rachel Malone about how the day went.

Here’s her testimony:

She tells us that 49 people gave oral testimony before the committee yesterday. Thirty-four were against the law, 11 were in favor and four were either neutral or didn’t give a recommendation. In other words, opponents to such a law carried the day.

As for a red flag law’s prospects in the legislature, Lt. Governor Dan Patrick gave this appraisal:

[A]fter a four-hour hearing on the subject in the Senate Select Committee on Violence in Schools and School Security, Patrick released a statement making clear such proposals wouldn’t make it far in his chamber.

“Regarding the topic of ‘Red Flag’ laws, which was discussed today in the select committee, I have never supported these policies, nor has the majority of the Texas Senate,” Patrick said. “A bill offered last session garnered little support. Governor 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. However, Gov. Abbott has since said he doesn’t advocate ‘Red Flag’ laws.”

In other words, the chances of a red flag law passing in Texas during the next legislative session are between slim and none. And slim is on life support.

Meanwhile, Governor Abbott can say he did what he said he’d do. He asked the legislature to consider a red flag law…but never said he supported one himself. If Lt. Governor Patrick’s account is accurate, the Governor “doesn’t advocate ‘Red Flag’ laws” at all, and neither does he.

So now the Senate has officially considered it. Tick that box. Mission accomplished.

 

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14 COMMENTS

  1. Contrast that to ILLinois. RINO Rauner was only too happy to appear “reasonable”….

  2. See? We listen to the bigots concerns… and because we are rational, we quickly dismiss them.
    🤠

  3. Stay vigilant and watch the legislative session like a hawk. “Slim to none” does not mean victory.

    They only need to win once.

  4. Governor Greg Abbott, Lt. Governor Dan Patrick Opposed to a ‘Red Flag’ Law in Texas.

    Well isn’t that nice. I mean he fired a woman who raised a fuss over him first proposing it.
    How about Constitutional Carry? How about that?

    • I was getting mail requesting campaign contributions from Gov. Abbot whom I do like. I replied that as soon as constitutional carry is passed in Texas I will be glad to contribute.

  5. Not to worry, the doomsayer gun guys in the state of Texas will get even more creative to find something to rend their clothes about.

    Oh the humanities!

  6. Governor 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. However, Gov. Abbott has since said he doesn’t advocate ‘Red Flag’ laws.”

    Can you say backpedal?
    I knew you could.

  7. After every mass shooting, what follows is a “moral panic” which is guaranteed to to terrify politicians. Gun controllers lie in wait for these things to happen and then use the resultant we-gotta-do-something-right-now hysteria to ram through coercive anti-gun policies which normally wouldn’t fly. Fortunately the hysteria is short lived and it looks like the gun-controllers missed their big chance. Don’t worry, though, they’ll just wait until the next time.

    What is obvious about a “red flag” law is that it puts the ability to confiscate guns into the the hands of notoriously unreliable people. Do we really want revenge seeking ex or soon-to-be ex-spouses given this kind of power, do we want to put our constitutional rights in the hands of demonstrably unreliable bureaucrats? And this says nothing about the cops who’ll happily kick your door in. Trying to attach due-process protections to such a monstrosity would be a bad joke. To put it as simply as I can: my 2nd Amendment rights are more important than someone’s free-floating anxiety.

    • …Do we really want revenge seeking ex or soon-to-be ex-spouses given this kind of power, do we want to put our constitutional rights in the hands of demonstrably unreliable bureaucrats?…
      One may also desire to add to the list of “I’m gonna get you” individuals work colleagues. And, if you’re in a supervisory role and awarded an employee an annual review that didn’t set well with the employee, the existence of a red flag law would provide an every-so-easy means to “get even” (yes, it really happens!). Think about it; plenty of disgruntled individuals all around.

  8. Greg Abbott made his millions the old fashioned way: he got crippled by a falling tree and sued the hell out of the homeowner and a landscaping company. Then he decided that lawsuits like his were frivolous and became a champion of tort reform. Hypocrisy is mother’s milk to Greg Abbott. You can bet that if ANYBODY said there was a threat against his life, that person would be gun-less and imprisoned within 4 hours.

  9. Someone ask him if he’s a religious man, then ask him if he’d ever tell someone to “consider” breaking an oath to God (the answer is, of course, that he already has, every member of the Texas legislature is required to swear they’ll protect the Constitution).

  10. red-fag/flag law = gov-speak meaning your property can be confiscated because of what some ahole “thinks”. this began with the still-unconstitutional civil asset forfeiture/seizure “legal” procedures. does not advocate but did allow inclusion & discussion?

    .

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