A dangerous proposal by a blue-state governor could jeopardize the rights of law-abiding gun owners—and it bears a shocking resemblance to one right here in Texas.
Under Cuomo’s proposed “red flag” law, teachers and school administrators would have legal standing to petition a judge to order the removal of firearms from the families of students deemed by the court to be a threat to themselves or others.
Reports from the Empire State indicate that the measure is unlikely to pass given the dynamics of the state’s legislature. There, lawmakers only have two weeks remaining before they adjourn for the year and the Republican-controlled New York Senate has already shot down several proposals pushed by Cuomo and New York Democrats.
But while the proposal seems dead on arrival in New York, a similar one appears to be moving in the Lone Star State.
Last week, Gov. Greg Abbott laid out gun safety proposals that he would be advocating for when the Texas Legislature returns in January. Among them: a call for a “red flag” law which appears to resemble the one pushed by Cuomo.
In the wake of Abbott’s announcement, Texas House Democrats began celebrating and claiming the governor had effectively called for the passage of House Bill 866 which died during the 85th Texas Legislature.
Authored by El Paso Democrat State Rep. Joe Moody (who is currently employed by the Beto O’Rourke campaign), any household member or a prosecuting attorney could file an application asking a court to confiscate a person’s firearms. The court could then order all of the person’s firearms be seized, without a hearing and without notice to the accused. Abbott has suggested expanding the law to include school personnel, just as in the Cuomo proposal.
Empower Texans general counsel Tony McDonald referred to Moody’s proposal as a “complete contradiction with the very notion of ‘due process’” and added it “must be opposed by any legislator who takes their oath to the United States and Texas constitutions seriously.”
A number of Second Amendment activists, including even the establishment-friendly and risk averse Texas State Rifle Association,testified against the legislation which ultimately lacked the votes to advance beyond the committee process.
But while four of the state’s Second Amendment organizations and a bevy of grassroots leaders led by JoAnn Fleming have come out condemning the proposal, the TSRA has so far remained silent.
Abbott has thus far refused to comment on inquiries regarding his proposal and whether he is, in fact, endorsing House Bill 866 as the Democrats claim.
Republican legislators have likewise also been largely silent on the issue save for members of the Texas Freedom Caucus, who have announced they intend to oppose the bill.