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Uvalde shooting renews push for ‘red flag’ laws — 4 years after Texas Republicans blocked one
The Uvalde, Texas, school shooting has spurred lawmakers across the country to take a fresh look at red flag laws, calling for new ones and strengthening existing statutes.
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After 10 people were shot and killed at a Santa Fe, Texas, high school in 2018, Gov. Greg Abbott asked the Legislature to look at creating a “red flag” law, a measure that would allow authorities to confiscate guns from people deemed a risk to themselves or others.
But the Republican-controlled Legislature balked. Lobbyists for gun groups said Texas didn’t need a red flag law, and argued that it could be abused. After Lt. Gov. Dan Patrick said he and most Texas senators did not support such a policy, Abbott distanced himself from the idea in a tweet. The Texas House never voted on it.
The measure’s failure is drawing renewed scrutiny after the school shooting in Uvalde this week, which left 19 children and two teachers dead. While it’s unclear whether a red flag law could have stopped the 18-year-old shooter in Uvalde — who police said had no criminal record or documented history of mental illness — lawmakers across the country are taking a fresh look at these laws, calling for new ones and strengthening existing statutes.
Part of the draw is research showing the effectiveness of these measures. They've recently found growing support among Republicans in Congress, and they also no longer face opposition from the National Rifle Association.
In Texas, though, Abbott and Republican legislative leaders have not addressed whether they'd back a red flag law now. Those who support stricter gun control in the state are looking back at the 2018 bill’s demise with frustration.
“I’m used to not passing bills as a Democrat in the Texas legislature,” said state Rep. Joe Moody, who sponsored one of the red flag bills, “but this is different; it goes beyond that. It’s about what kind of human beings we’re going to be. It’s emotionally exhausting.”
“You work tirelessly on these issues so that this horror and this trauma doesn’t visit someone else, and when it fails to come to fruition, it hurts for you because you know how many people want this change,” added Moody, who is from El Paso.
Red flag laws allow family members, police officers, and in some states, school officials, to file for an extreme risk protection order in court. If a judge grants one immediately, deeming an individual to be a danger, then typically a hearing must be held within two weeks to determine if the person should be restricted from accessing firearms for an extended time.