texas

Texas Gun Legislation Control And Rights

August 5, 2022

Gun legislation is sometimes called “gun control” or “firearms regulation”. Below are definitions of specific terms which are relevant to this article:

Gun Legislation: These are ordinances, laws or policies that are put together to check the production, possession, selling, transfer, control and usage of firearms or handguns by persons in a state.

Guns: Weapons that embody tubes that are made of metal, with these tubes usually placed in a way that bullets and other explosives are forced forward and shot with a loud noise.

Rights: Legal entitlements or actions that are perceived to be moral and lawful in a state.

Gun Rights: These are lawful entitlements of citizens of a given state to purchase, own or carry guns. Some countries have ordinances and laws that allow their citizens to sell, purchase and go about with firearms, while in other countries, such activities may be very limited.

Gun Control: Gun control is usually synonymous with “gun legislation” because it covers a set of laws that regulate the ownership, sales, and usage of guns in a state.

In a nutshell, gun legislation, control and rights are the entire laws, entitlements and limitations that monitor and check issues regarding guns in a given state – Texas. States that have strict laws regarding handguns normally do not allow certain kinds of firearms to be used by just anyone. Separate kinds of licenses are usually issued out for purposes like hunting, shooting in sports, personal defense, concealed carry, etc., with each of them bearing unique requirements, obligations, and permissions.

The Impact of Guns in Texas in Recent Years

In the past few years in Texas, approximately 3,647 people are killed by guns in a year in various ranges of situations. With a significant rate of 12.7 deaths in every 100,000 people in Texas, it has been analyzed that Texas ranks number 28 in a list of states that records the highest deaths caused by guns in the United States.

Nationally, about 40,620 people lose their lives in an average year with a significant rate of 12.2 deaths in every 100,000 people.

Over time in recent years as well, more specifically, between 2011 and 2022, gun death rates went up by 38%, against a national rate of 33% in Texas. What this means is that the number of people who died by guns in 2020 are more than the number of gun deaths in 2011. The actual difference is 1565 deaths.

Also, the rate of people who committed suicide with guns has gone up by 15%, while gun homicide in the period of 2011 to 2020 went up by a significant 90%. This can be compared to the national rate of 12% and 70%, respectively.

The rate of gun deaths has increased 38% from 2011 to 2020 in, compared to a 33% increase nationwide. This means that in 2020 there were 1565 more-gun deaths than in 2011.

In, the rate of gun suicide increased 15% and gun homicide increased 90% from 2011 to 2020, compared to a 12% increase and 70% increase nationwide, respectively.

NATIONAL

40,620 people die by guns in an average year, a rate of 12.2 deaths per 100,000 people.

(SOURCE :How Does Gun Violence Impact the Community You Care About?)

TEXAS LAWS ON GUN CONTROL

Texas Investigations and Background Checks

Are There Universal Background Checks in Texas?

In Texas, there is no underlying law mandating that buyers of firearms from unlicensed dealers should undergo a background check. However, there are some certain law restrictions put in place that ensures the prevention of firearms purchase by individuals who are not eligible to own firearms.

Procedures of Background Check Carried Out in Texas

The law recognizes the state with the authority to carry out a background check and authentication for individuals who intend to purchase a firearm. The federal law gives the state the authority to carry out deep search on records of the federal, state and the FBI database to verify if an individual should be cleared to own a firearm.

It is because of this federal law, that Texas city firearm dealers lack the authorization to carry out background checks before selling to individuals. Rather, the dealer is expected to first make enquiries at the FBI to verify the background information. The NICS does not recognize Texas as an area of contact.

Individuals who possess handgun licenses issued by the state are not to undergo a background check by the state, when they are buying their handgun or firearms. In Texas generally, local dealers of firearms do not exercise any background checks before carrying out their transactions with buyers.

Issues Pertaining to Mental Health and Behaviors in Texas

Mentally ill individuals or individuals who have a record of metal dysfunction are unauthorized by the federal law to possess firearms or handguns. The law sees them as a danger to not only themselves but the society, due to their unstable minds. This is the major reason why they are considered unstable to possess firearms. For one to be considered as a mental patient, they must have been confirmed by a hospital, law court, a set up committee or any other recognized law agency.

The National Instant Criminal Background Check System (NICS) has a collection of data and records that is constantly updated with facts and information, obtained from the states about individuals that have been confirmed to be mentally unfit by authorized agencies. The federal law mandates the state to provide information on the identity of the individuals whom the law has declared unauthorized to own a firearm, with which the NICS record book is updated for the FBI. The FBI now uses that for investigations/checks on anyone wanting to buy firearms in Texas, to ascertain that they are mentally fit to possess firearms.

In 2009, a law was passed that entails that the Department of Public Safety tenders their record to the FBI in not more than 30 days after the court’s declaration of:

• an individual hospitalized for mental dysfunction

• any offence committed out of insanity

• an individual who requires the presence of another person to act as a guardian due to his inability to handle their personal affairs, posing a threat to themselves.

The required information from the state to the NICS are

• Full name

• Gender

• Driver’s license, or social security number

• Date of birth

• Reason for prohibition from firearms

• Ethnicity

• Previous court ruling records (if any)

The above information is provided by the court’s clerk digitally, as approved and upon being given a go ahead by the Department of Public Safety. Such pieces of information are very confidential and as such, can only be issued out by the Department only at the point of necessity to enable the NICS have a comprehensive record of individuals who are not eligible to own firearms.

When Texas Says You Can’t Carry a Gun

• Individuals who have been convicted by a law agency and found guilty of a crime or felony

• individuals declared by an authorized court to be mentally unstable

• Individuals known to exhibit violent behaviors in the society

• Individuals with a record of conviction for domestic violence

Texas Gun Legislation: When Texas Says You Are Eligible to Carry a Gun

Individuals who are below the age of 18 years are highly prohibited from owning firearms. Anyone who intentionally sells, rents, gives, or attempts to sell, rent, or give guns to minors (people under the age of 18 years old) will be punished and convicted by the state law of Texas.

But, in cases where there is a written consent by the parent or guardian of the minor, the federal law offers an exception to such cases and authorizes the sale or transfer of firearms to the minor, but also holding the parent or guardian who gave a written consent accountable for the actions of the minor.

The federal law highly restricts the sale or transfer of firearms or guns by dealers to people under the age of 21 and in regular cases, restrict the sale or transfer of rifles or shotguns to people under the age of 18. Also, it is worthy of note that, the federal law prohibits unauthorized handgun dealers to sell or transfer handguns to people under the age of 18 but permits unauthorized dealers to sell and transfer shotguns to minors who are under 18 years of age.