How might this election cycle impact gun control laws?

Most policies on guns are made at the federal or state level, not locally.

By Sarah AschSeptember 19, 2024 1:46 pm,

It’s no revelation to say Americans are divided — and Texans are no exception. And one issue that’s almost perfectly split Americans is guns. 

This is apparent on a smaller scale as the argument over whether guns should be allowed at the Texas State Fair was heard in court today. The hearing came after Texas Attorney General Ken Paxton challenged the legality of the fair’s new ban on guns. The fair moved forward on this policy after a shooting on the fairgrounds last year injured three people. 

On a macro scale, polls show there’s a near even division between those who say it’s more important to protect gun rights and those who prioritize regulating gun ownership. A Pew Research Center survey conducted earlier this year found a slight majority — or 51% of respondents — favored protecting the right to own guns over enacting gun restrictions. 

Gun ownership rates also vary based on certain factors, including political affiliation. So if you’re weighing your preferences on gun policy as you consider your ballot this fall, where does that leave you? 

Kevin Krause, who covers federal courts for the Dallas Morning News, said the most important races when it comes to the future of gun policy are at the federal level.

“Congress passes laws for the entire country that apply to all the states, and then each individual state can have their own laws,” he said. “So initially there was a federal bump stock ban — bump stocks are those accessories that allow a rifle to rapid fire. And the U.S. Supreme Court shot down that law earlier this year.

But many states already have their own bump stock bans and other states are now considering passing similar laws, given the Supreme Court ruling. And Texas is one of the states that does not have a lot of gun regulation. The most recent push was last session in the state Legislature to try to get a law that would raise the age from 18 to 21 to purchase an assault rifle, and that failed.”

Not only have gun control measures failed to pass at the state level in Texas, Krause said gun laws have gotten more lax. 

“The Republican-controlled Legislature here in Texas has over the years expanded the right of gun owners to carry their weapons in public places and buildings,” he said. “Beginning in 2016, there was an open carry law. Texans could carry holstered handguns in plain view with a license.

Then in 2021, permitless carry passed, and that allowed gun owners to carry their weapons without a license. Texas Republicans also have allowed guns to be carried in places of worship. They’ve implemented laws where armed school marshals would be positioned in schools. People could keep guns in their apartments and also on college campuses.”

The biggest congressional race in Texas this cycle pits Sen. Ted Cruz against Congressman Colin Allred, a Democrat who represents the Dallas area. Krause said Cruz is a longtime supporter of gun rights.

“Ted Cruz opposes most gun restrictions, and has come out very strongly as a Second Amendment supporter,” he said. “Allred has voted in the past for gun control legislation. However, he hasn’t made this a key aspect of his campaign and has not specifically outlined what he would do in terms of guns in Texas. Certainly, those who favor gun rights would certainly be leaning towards Ted Cruz at this point.”

Despite Allred not centering this issue in his campaign, gun control advocates say they plan to continue to raise their concerns, including in the next Texas legislative session.

“Gun control advocates say they are going to keep trying to raise the age (for buying assault rifles) because the Uvalde shooter, had this legislation been in place, he could not have legally purchased an AR-15 or semiautomatic rifle,” Krause said. “There were a couple of Republicans who did support the Raise the Age legislation. One of them, however, was defeated in his Republican primary.

But the Democrats point to public opinion polls, which show that a majority of Texans support some basic changes, such as expanded background checks. The problem is that a lot of Republicans who do support any type of gun control then become a target, possibly will face an opponent in their primary who will run on the issue of guns.”

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