Next year could bring big change to gun control in Texas, where a measure that would temporarily remove guns from people who show signs of violence has previously failed. These laws, known as ‘red-flag’ gun laws are nothing new to those who live and play in Texas. The legislation has been pushed by Democratic Senator Jose Rodriguez of El Paso since 2015 and, as of yet, has not been successful.
The measure he has proposed would permit attorneys or family members the ability to petition the court to prohibit someone from having a firearm for a temporary period. This would include owning, buying, or controlling the firearm.
Rodriguez is hopeful that 2019 will be a different story for his efforts as President Donald Trump has ordered all the states to adopt some form of policy related to “extreme risk protection orders.” President Trump also ordered the Department of Justice to help the states with their efforts.
The legislation proposed by Rodriguez was written by Joe Moody, an El Paso Republican in the House. The legislation is along the same lines as laws involving red flags in states like Oregon, California, Washington, Connecticut and Indiana.
In the proposed bill in Texas, the red flags that could block someone from having a firearm include a criminal record, a history of threatening violence, or substance abuse. The order would last for one year and could very well be extended for a second year after a hearing takes place, which could be requested after the order has been in effect for 90 days.
“Gun ownership is a right in Texas and the rest of the United States,” Fort Worth Gun Lawyer Matt Peacock, of The Medlin Law Firm, said. “If you are charged with a gun crime it is in your best interest to research the gun laws on the books to mount your defense and protect your rights.
Rodriguez plans on introducing the legislation once again in 2019.