Texas again lowers restrictions on certain firearms, passes on regulations

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Texas lawmakers passed another set of bills making it easier for gun owners to access and keep firearms, and expanded the kinds of weapons they can access.

The push for looser regulations on firearms comes at a time when firearms are the leading cause of death among children in the United States, passing car accidents, cancer and overdoses. A recent study from the Journal of the American Medical Association has also linked “permissive” gun legislation to higher rates of gun deaths among children, with the study listing Texas as one of the most permissive states.

Meanwhile, legislation that sought to curb access to guns received little attention this session, a return to its roots after a small victory for gun control advocates in 2023, when a House committee passed a bill that would have raised the age to purchase a rifle from 18 to 21. The bill ultimately missed a key deadline to reach the House floor.

The bills passed that are waiting for approval from Gov. Greg Abbott represent a continued effort to make gun ownership easier for residents. Here’s what to know.

Restricting protective orders in and out of Texas

Senate Bill 1362 aims to prevent extreme risk protection orders in civil cases from being used to confiscate guns from people. The protection orders can be provided by civil judges after due process hearings to temporarily bar certain people from owning or purchasing firearms if they are found to be an immediate danger.

Twenty-one states have statutes, known as “red flag laws,” permitting the protection orders. Texas doesn’t have a red flag law, and SB 1362 ensures that it won’t join the states that do.

Red flag laws have existed in various states since 1999, and allow petitions to civil judges that request temporary removal of a person’s firearms after an evidentiary hearing. The orders are mostly reserved for cases involving high risks of domestic violence or suicide, but opponents of red flag laws have said they could be abused by people levying false accusations or “rogue” judges, and are broadly unconstitutional.

Proponents of red flag laws like Nicole Golden, executive director of Texas Gun Sense, say those fears aren’t based in actual instances and stave off orders that could save lives.

“These are scenarios that are not real,” Golden said. “[There’s] a lot of fear-based dialogue.”

Red flag laws have long been a sore spot among conservative lawmakers in Texas. U.S. Sen. John Cornyn received criticism from state officials in 2022 as he pushed for the Bipartisan Safer Communities Act in Congress, which included grants for red flag laws. SB 1362 prevents any federal funding from being used for enforcement of any protection orders.

Texas judges can issue protection orders in cases with criminal charges, but SB 1362 forbids them in any civil case and makes it a felony for any official to attempt to enforce one. That restriction would extend to Texas law enforcement who enforce out-of-state orders. SB 1362 also states any protection order from federal judges in Texas will “have no effect” if deemed unconstitutional.

Access to short-barrel firearms

Short-barrel firearms are rifles with barrels shorter than 16 inches and shotguns with barrels shorter than 18 inches, according to Texas statute. Senate Bill 1596 will allow short-barrel firearms to be legal in Texas without registration with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

While still a federal offense if unregistered, SB 1596 removes any state-level penalties for owning unregistered short-barrel weapons. A 2023 policy change from the ATF reclassified pistols with stabilizing braces as short-barrel firearms, making firearms already owned by some illegal without registration.

Opponents of the bill expressed concerns over how much easier it is to conceal short barrel firearms because of their smaller size. A short-barrel shotgun was used in a 2018 school shooting in Santa Fe, Texas, that left eight students and two teachers dead. The shooter, a high school student enrolled at the school, used the short-barrel weapon that was legally owned by his father.

Gun buybacks and local control

Also on the legislative chopping block this session are gun buyback programs, as Senate Bill 3053 constitutes a complete ban on the initiatives. Buyback programs allow residents of counties or cities to sell unwanted or unused firearms to local law enforcement, which proponents say are one of the ways local communities can help reduce gun violence.

SB 3053 is clear in its purpose, banning any city or county from participating in programs aiming to remove firearms from circulation or reduce the number of firearms owned by civilians. Buyback programs are not the most effective way at reducing gun violence, Golden says, but an important option local municipalities have to spark conversation about safe use and disposal of firearms.

“I will say, when you look at what the data says about what works, what really reduces gun violence, gun buybacks are not up there,” Golden said. “But at the same time, we've seen cities do these buyback programs that were successful, people have said, ‘I have a gun in my home, I collect, I was given one or I inherited it, I don't know what to do with it. I don't want it.’ You know, you need a safe place to bring it.”

Looser regulations on handgun licenses

A handful of bills passed aimed to make state licensing for handguns easier to acquire and maintain. House Bill 668 extends the deadline to renew a handgun license from its expiration date to its first anniversary, and House Bill 1234 provides a process for license applicants to appeal medical denials.

Senate Bill 706 allows Texas to recognize handgun licenses from other states, commonly known as a reciprocity law, and builds on preexisting agreements with other states. Texas currently has some form of agreement with all but four states and several American territories, according to the state Department of Public Safety.

Texas legalized constitutional carry in 2021, meaning residents don’t need a license to carry a handgun if they aren’t prohibited by other laws from doing so. Subsequent legislation making licenses easier to obtain have been framed by opponents as redundant or unnecessary.

“Why are we worried about a one month period of time it may take for someone to get a license?” Sen. Nathan Johnson said while discussing HB 1234. “Does it almost strike of whining? They can have a gun anyway.”

Handgun licensing does carry benefits, and allows handgun-carrying in places that specifically require licenses and in other states with reciprocity agreements.

Gun reform and control bills not passed

Other bills that would have significantly widened the availability of firearms were not picked up by legislators. House Bill 1794, which the House passed 83-50, would have permitted the concealed carry of handguns into polling places during election season. House Bill 2470 would have lowered the age required for handgun licenses from 21 to 18, although constitutional carry currently allows adults over 18 to own handguns.

Bills that would have restricted access received little to no attention from lawmakers this session, a contrast from 2023, when two mass shootings in Allen and Uvalde pulled legislators’ attention toward Texas’ firearm regulations. The brief support for the “raise the age” bill came days after a mass shooting at a North Texas mall and a year after a gunman in Uvalde killed 17 students and two teachers at Robb Elementary School.

This session, House Bill 1556 was the designated “raise the age” bill, filed by Rep. Joe Moody, D-El Paso. The bill never received a hearing.

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