A teddy bear and memorial messages line a park in Uvalde after the 2022 elementary school shooting. Credit: Creative Commons

A look at Texas versus federal gun safety measures 

By: REAGAN STONE

An impeached and desperate attorney general protects donors over children

Last week, Texas Attorney General Ken Paxton sued the Biden administration over the new ATF rule changes announced in April, which would expand the definition of who needs a background check in private gun sales, along with clearly defining those sellers who will have to register as a licensed dealer. Paxton, looking to hand a rally cry to extreme far-right donors, has no legal standing in challenging the federal government in what is sure to be a costly battle for Texas taxpayers. The federal intervention will, plain and simply, keep families and children safe. 

As a matter of fact, one investigation by Everytown For Gun Safety found that 1 in 9 people who respond to online ads from unlicensed sellers would fail a background check. According to the Biden administration’s fact sheet promoting the Bipartisan Safer Communities Act and subsequent ATF rule change, at least three mass shootings could have been prevented with universal background checks for unlicensed, same-day gun sales. These include the Columbine High School shooting, where acquaintances purchased firearms for teenagers at a gun show, and the Midland/Odessa mass shooting, where the gunman previously tried to purchase a firearm from a sporting goods store but was turned down due to his mental health history, only to later purchase an AR-15 assault-style rifle from an unlicensed seller he met online. 

Time and time again, when state governments (like the Texas Legislature) haven’t acted in the public’s best interest, the federal government intervenes and supersedes small-minded, minority interests. We can compare and remember other examples that required federal action like civil, women’s and LGBTQ rights, further promoting culture shifts. 

Far-right lies will cause children to die

Of course, Attorney General Ken Paxton and his buddies are going to lie to boost their camera spotlight. Kansas Attorney General Kris Kobach recently said, “Under the new rule, if Ken [Paxton] and I were to trade guns, one of us would have to get an FFL, pay $200 and have the ATF issue a license.” Stefanie Feldman, the director of the new national Office of Gun Violence Protection, set these guys straight, noting the rule change does not apply to people “selling one gun that they’ve had for a while because they just don’t want it anymore. And it’s not that they’re trying to earn a profit off it or trying to run a business.” 

Nicole Golden, executive director of Texas Gun Sense further expands, “The new ATF rule is safeguarding our children and families in public spaces from schools to malls, and has the support of the vast majority of Texans.” Golden referred to a Dallas Morning News – UT Tyler poll showing “eighty-six percent of Texas voters support strengthening background checks, recognizing that we must do more to keep guns out of the hands of individuals with documented violent histories.

Uvalde school shooting second anniversary and gun show loophole dangers 

These new rules on increasing background checks come at a time of increased mass shootings but also confusion on what steps gun shows should be taking to stay within the law as well as reduce their risk of arming the next mass or school shooter. In Far West Texas, Brewster County Sheriff Ronny Dodson said he’d be happy to help a local gun show come into good faith with the new law, while also noting the Paxton suit created an injunction, therefore not requiring his services to perform background checks for a small fee. However in a similar conversation, a local Lions Club representative, the organizer of the annual Big Bend Gun and Knife Show, was worried. He said if they required licensed dealers or background checks, they might lose vendors and attendees. The gun show is set for Labor Day weekend. It’s quite possible, as in past years, anyone will be able to walk in and buy an automatic weapon without any check on their criminal record. Even more disturbing, the event takes place on a school campus at the student auditorium of Sul Ross State University.

Across Texas and the nation, the popular argument: “I might not be able to pass a background check” just doesn’t pass muster when we know this basic 10-minute web search could stop child and family abusers along with convicted felons from obtaining a lethal war machine. In fact, Paxton’s actions are especially despicable in light of the second anniversary of the tragic shooting in Uvalde, which took 21 lives, including 19 children, on May 24, 2022. Do you remember weeks later when Uvalde native Matthew McConaughey begged those in Washington to act because we knew the Texas Legislature would do nothing? Well, you were right. For years, the NRA-backed, conservative majority has passed deadly gun laws like an open-carry law in 2021. This draconian measure, similar to defying background checks today, had grave concerns raised by law enforcement against them. Yet, their grievances fell on deaf ears. Still, those in power in Texas will mourn the children that died two years ago while taking no action.

Reagan Stone is an Alpine City Council member.