Texas Senate Committee on Mass Violence Prevention and Community Safety meeting September 26, 2019

The following are rough notes taken at the hearing.  The notes focus mainly on the testimony given to the committee by the panels about the current situation and possible changes.

Panel 1 DPS

Texas is good at responding to shootings. Focus on prevention now.

Problem:  Lone actors. Soft targets.

Pre attack indicators existed.

Reaching public on avoiding attack is needed.

Governor's Executive Orders
1. Threat to life
Intake questions being reviewed when people call in a concern.  What questions to ask.

2. Reporting guidelines for suspicious activities. TX is using federal guidelines. Reasonably indicative. Observable behavior.

3. Training of call center and law enforcement needed.

Questions to panel —

1. Will get stakeholder input and train across state.

2. Reports — DHS guidelines used. Not reasonable suspicion but observable. Training on indicators.

Suspicious activity. Capture pieces of info.

Data must be connected from multiple sources.

Mental health experts will be involved in developing intake questions.

Copycat pattern is a problem. Notoriety of shooters contributes.  Copycats concerned with priors and body counts.

Rapidly communicate locally when problem identified.

Monitoring analysts at fusion centers have been added. Law enforcement and behavior experts at fusion centers.

Fusion centers: 1 state hub. Total 8. Regional 7. Local operation. Network and integrate with feds.

Need more people reporting in and law enforcement must follow up.

Smart phones can’t access even after the crime.  Problem for law enforcement.

Lack enforcement and compliance of gun dealers and manufacturers — ignorance of law by some.
What can law enforcement do with multiple suspicious reports if not violating laws?
Investigate to determine if threats have been made. If yes, can do something more.

Red flags

There are civil tools to commit for mental health.

Red flag students on mental health. What is the due process?

Law enforcement will follow up threat to life lead.

Scenarios for TROs with gun restraint and do street cops see the flag when they do a stop?

Employers with upset employees should report.

Mental health crisis call - cops can seize weapons at the scene.

Local cops are main ones to investigate but get help from DPS and FBI.

5. Order to work with schools to train personnel.

6. Fusion teams with cross discipline and work with local enforcement. 16 agents assigned now. Hiring psychological. Big need for psychologists.

7. Resources for fusion centers. Monitor pro-actively.

Need funding. Moved resources to fusion centers for now to focus.

Request for $58 million. 24 added agents to 6 regions. 54 analysts. Psychologists - Big need in TX.  Other expenses.

3500 calls a day nationally. Used to estimate.



Tools needed — social media threat to life reports. Work with companies.  Need specifics of threat - who and where.
Doctrine change on how to react to reports.

Software solutions to online radicalization.  Identifying with software.

Fugitive rules — must be interstate flight for NICS following federal law review.  If in state with warrant, it is not seen.  Want arrest warrant info to be seen.
NICS delay — 3 day rule to respond. Warrant alone is not enough.



Special events are a problem -- Guns, vehicles, bombs.



Federal has conspiracy and attempt laws.  State does not.



Protesters with masks, sticks, long guns. etc. aren’t  allowed on Capitol complex but allowed in other venues.

Panel 2 Tarrant County District Attorney's office, US Attorney's office



Who can possess firearms?

Mainly federal laws.

Texas has time periods if dispossessed, eg. 5 years after probation.

Felony —

Deferred adjudication - not seen as conviction.

Felons 5 years after, can have at home in TX. Federal law though has no limit.

Family violence Class C misdemeanor- no prohibition. (No injury) Protective orders — different time periods. Not lifetime usually.



On bond for felony -  no firearm.



Class C assault domestic - federal prohibition but not TX.

Would not pass federal background check. Can’t buy but can be in possession in TX.



3500 emergency detentions per year for mental health. 75% police do it.



Possession. If given order not to possess what happens? Not consistent. Judge driven.

No state action.



No prohibition on LTC for gang members. Gang members are flagged by law enforcement (can be for wearing colors or self-admitting or other reason).



Is there a penalty if possess when should not? Some cases have penalty but some have small misdemeanor.



Gang member - legal standard to tag?



Penalties for lying in background check. No follow up now. Maybe tampering with government record could be used.



Do we (TX) need to mirror some federal laws as state laws in order to enforce and have penalties?



Incompetent for trial. DPS is supposed to report to NICS.



Family court domestic violence. Judges order to surrender guns. Law if caught but no follow up.  May need law about retrieving weapons when judge orders.



US bond prohibition. Judge orders turn over of guns to someone as condition of release. Services sent to homes to verify that weapons turned over to person stated.



Some counties have done surrender programs. Funded by state. Travis, Bexar and others. No authority under law for judges to demand it.



Federal penalty to lie and buy on background check. 700,000 per year federally. Feds prosecute them when caught in another context. Usually straw purchases to traffic.



Lie and try not as much. Not pursued.



Federal prosecute drug user in possession of firearm.  Can prosecute. State law possible.



US Attorney representative will send quick reference of differences between federal and state.  She indicated that federal law is complex so real analysis is long.



Current problem investigating tax stamp on firearm. Need info from feds but can’t get it. Mirror law in TX as possible solution.



If can’t possess, need law when go to sell gun.



Red flag laws. Concerns. Legality.

People don’t report observations, just after the fact. Need to encourage people.

Law enforcement should go talk to person, check social media (public), etc.

Even if can’t charge, law enforcement can go talk. Stopped student when parents called. Intervened. No arrest but can either clear it up, get parent involved, find out more.



Example of problem:  Threats to do vague violence when held in mental facility if released. Why not flagged as mentally unfit? What grounds to hold the person?



Suggestion from fed. Embed an assistant district attorney with federal attorney to work on case to see who can prosecute better. Can be hard to get info from state attorneys. Have AG responsible perhaps.



Red flag due process in other states and TX proposal. Certain people can petition judge that person is danger. Individual has right to present side with lawyer. Notice, hearing, response -- elements of due process. Can’t just be risk. Needs specific actions as evidence — examples. Can do ex parte ruling a few days before a full hearing. Burden is "clear and convincing", same as terminating child care rights.

Involuntary in-patient mental health disqualifies for gun possession.



TX has been keeping current in mental health records. 304,000 records currently in NICS from TX.



Odessa shooter had mental health record and was disqualified.  Got gun another way - investigation ongoing.



Protective orders

Timeframe to report 1 business day.

3 days law enforcement update.



Inconsistent state law. List given by David Slayton. Noted judges don’t have authority on turning over guns.



Protective order registry - single place to register for state and put out to law enforcement. Just passed.



Class C family violence. New law requires person accused to come in person and get notice of no firearm possession.



Domestic violence bond bill passed but vetoed due to nuclear waste amendment.

Increased law enforcement ability to know who is out on bonds. Try again.



New reporting system put in especially for small counties so info gets to state and fed.



Non standard forms is confusing in state. Can be fixed without law through court.



NICS. Data not put in by military in Sutherland Springs case.  Need timely and accurate data.



Fund position, now grant funded, to help local offices put data in correctly.


Panel 3 on Behavioral Health 


Violence less than 5% related to the offender having a mental health condition. Nationwide statistic.

No history, no diagnosis of mental health of violent offenders in studies, only 5% of time.



Emotionally disturbed but not mental disability. Mentally ill generally not able to carry out a plan like this.



Data on impact of bad messages in music, internet, video games?
New studies being done on healthier socialization skills for children. Limiting screen time for example.



Most incidents had warning signs. Mental health call centers used in TX. Neighbors call often to report issues.

Crisis intervention teams with law enforcement and mental health expert follow up. Need more funding.

Early intervention is important. Talk and connect with people. Not SWAT.

Republican Party of TX Executive Committee sends strong reminder to GOP officials of its stance on gunownership rights

At the quarterly meeting last weekend, the Executive Committee of the Republican Party of Texas passed a unanimous resolution to remind Republican officials of the party's strong support of gun ownership for the protection of person and the State.  The resolution enumerated the planks from the 2018 Republican Platform that were passed at the state party's last convention in regard to the defense of those rights.  The Executive Committee members are elected at the state party's convention, and there is one man and one woman who represent each of the state's Senate Districts.  The committee performs the business of the party between conventions.

Now we will see if the officials have the courage of their convictions to uphold the platform of the Republican Party of Texas.

Resolution calls to action:

"THEREFORE, BE IT RESOLVED that the Republican Party of Texas calls upon our elected leaders to protect and defend the inalienable right of Texans to keep and bear arms for the defense of themselves and of the State by supporting policies consistent with the aforementioned planks of the 2018 Republican Party of Texas Platform; and

BE IT FURTHER RESOLVED that the Republican Party of Texas calls upon our elected officials to protect community safety without infringing upon the ability of law-abiding Texans to freely exercise their Constitutional rights and defend themselves, their families, or their property; and

BE IT FINALLY RESOLVED that this resolution be distributed to all Republican members of the Texas House of Representatives and Senate, the Governor, Lieutenant Governor, all Republican members representing the State of Texas in the United States House of Representatives and Senate."

FULL TEXT OF RESOLUTION:

WHEREAS, an individual’s ability to keep and bear arms is fundamental to preserving and protecting our God-given rights and the sustainability of our free republic; and

WHEREAS, the Platform of the Republican Party of Texas affirms:

The Right to Self-Defense: We affirm that lawful gun ownership and carry by the people protects us from those who wish to do harm and guards against tyranny by our own government. We call upon our elected officials to resist the narrative that the solution to every problem is less freedom and more regulation, and instead pursue policies that respect freedom while also increasing safety. (#69)

Constitutional Carry: We support constitutional carry legislation through any legislative means so law-abiding citizens may carry any legally owned guns openly or concealed, while maintaining the option of a permit for reciprocity purposes only. (#70)

Intrastate Protection Act: We support an Intrastate Protection Act to clarify that guns made and sold in Texas are not subject to the Interstate Commerce Clause of the US Constitution, and legislation denying state funding to any state or local agencies that enforce federal weapons laws not also affirmed by the laws of the State of Texas.
(#71)

Gun-Free Zones: We oppose governmental prohibitions on citizens who have a constitutional right to own and carry firearms and knives from doing so. We oppose state-mandated location restrictions, the federal Gun-Free School Zones Act of 1990, and the National Firearms Act. (#72)

Red Flag: We oppose monitoring programs, including the Red Flag (that would deprive someone of their right to keep and bear arms without being convicted of a crime or found mentally incompetent by a medical psychiatric professional) or iWatch proposals, and any program that causes gun owners to be investigated by law enforcement or appear before a judge when there is no reasonable cause of a crime committed. We oppose increased background checks, as they are highly prone to “false positives” and hinder law-abiding citizens’ ability to defend themselves, rather than reduce crime. (#73)

Firearms Storage: We oppose mandates on personal firearms storage, maintaining that it is the responsibility of an individual to safely store his or her firearms and choose responsibly when and how to make them available to minors. (#74)

Weapons Restrictions: We support all legislation and policies that reduce restrictions on legal gun owners to purchase, own, or carry any type of gun, ammunition, accessory, knife, or other weapons, and oppose all that hinder the same. (#75)

Amend Texas Constitution: We call for the Texas Legislature to propose to the people of Texas a constitutional amendment to strike the following words from Article I Section 23 of the Texas Constitution: “but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.” (#76)

Responsible Gun Owners: We call upon gun owners of Texas to regulate themselves through exercising safe handling procedures, voluntarily receiving training and helping others to train others, and safely carrying firearms as a deterrent to crime. (#77)

Gun Owner Age: We believe law-abiding citizens 18 years and older have the right to purchase, possess, and carry firearms, including hand guns. (#78)

National Reciprocity: We support national reciprocity and call upon Congress to pass it (#79); now

THEREFORE, BE IT RESOLVED that the Republican Party of Texas calls upon our elected leaders to protect and defend the inalienable right of Texans to keep and bear arms for the defense of themselves and of the State by supporting policies consistent with the aforementioned planks of the 2018 Republican Party of Texas Platform; and

BE IT FURTHER RESOLVED that the Republican Party of Texas calls upon our elected officials to protect community safety without infringing upon the ability of law-abiding Texans to freely exercise their Constitutional rights and defend themselves, their families, or their property; and

BE IT FINALLY RESOLVED that this resolution be distributed to all Republican members of the Texas House of Representatives and Senate, the Governor, Lieutenant Governor, all Republican members representing the State of Texas in the United States House of Representatives and Senate.

(LINK: https://www.texasgop.org/resolution-urging-support-of-the-republican-party-of-texas-platform-planks-related-to-the-right-to-keep-and-bear-arms/ )

Focus on AR-15 is a ruse for broader bans

Democrat candidate Robert Francis O'Rourke last week at the debate in Houston declared, "Hell yes, we are going to take your AR-15!"  Only last year then Senate candidate O'Rourke assured Texans that if you had an AR-15, you can keep it.  Speaking to the broader Democrat base, O'Rourke has shifted left and now calls for full confiscation of AR-15s.  We must understand that confiscating AR-15's will not be the end.  It will only be the beginning.

Statistics show that over 60% of gun-related murder is by handgun.  “Assault rifles” account for 4% so those are not the type of firearm used in 96% of the cases.  AR-15s are a very popular semi-automatic rifle with 10-30 million owned in the U.S., and in an informal poll, gun shop owners say that about 20% of sales of rifles are AR-15s.  The rifles are popular among men and women for many features including light weight, customizations, cheaper ammunition, and less kick-back than other semi-automatic rifles or traditional shotguns.  Viral videos of women using traditional shotguns versus AR-15s demonstrate why many choose it. (Example video:  https://youtu.be/DUY3V9JFJLg)   Also, the name "AR" does not mean "assault rifle", but rather is the name of the manufacturer Armalite Rifle.

Semi-automatic guns are a very common type for both handguns and rifles.  Semi-automatic means that the next bullet is loaded into the chamber after one is fired, but the shooter needs to pull the trigger again to shoot.  Fully automatic guns (i.e., one trigger pull and multiple bullets fired) are already extremely restricted in the U.S.  

‘Assault rifle’ bans create a list based on the ‘look’ or ‘style’ of the gun instead of the operation or functional features.  Once some semi-automatic guns are put on a ban list due to their ‘style’, it is easy to see how the list will be expanded by function to most modern firearms.  ‘Assault rifle’ is a term that has little meaning, but people, who do not understand the features of guns, can easily agree with a dangerous sounding term and descriptions of ripping flesh and gaping wounds.  Of course hunting rifles with larger caliber will create an even more fearsome wound, and even a basic shotgun scatters pellets broadly and will also create a large wound. Besides, handguns are the most common weapon in murders and were the weapons used for the 1991 Texas Luby's Massacre.  The gun controllers will come after them ALL for one reason or another because in the end all are capable of killing people.  Here is a video demonstrating and making similar points:  https://youtu.be/in4XzTZaYp0.

We cannot give up the AR-15 hoping that the gun control advocates will be satisfied.  The American left, like the European left, want to disarm citizens for greater control.  Vladmir Lenin said, "One man with a gun can control one hundred without one."  They may let you keep your revolver and shotgun similar to Mexico where the type of firearms and number per household are extremely restricted and registering them is intentionally cumbersome.  (https://en.wikipedia.org/wiki/Firearms_regulation_in_Mexico) Stricter gun laws have not made Mexico or Chicago safer.  Several states in Mexico have been identified by the State Department as 'no-go' zones (https://www.businessinsider.com/mexico-states-no-go-zones-for-americans-us-state-department-2018-1). 

In the U.S. guns are used in self defense hundreds of thousands to millions of times per year.  Non-suicide gun deaths were reported at under 20,000 in 2018 which, although tragic, is a very small number relative to the over 330,000,000 people in the U.S. where there are over 350,000,000 guns owned by citizens. 

While self-defense and hunting are often cited as the reason for owning firearms, the true intent of the Second Amendment is to protect and defend the people from government tyranny.  Picture citizens left to throwing rocks and Molotov cocktails as tanks roll against them in China and in Venezuela to name recent examples.  To be effective citizens must be able to own semi-automatic rifles capable of deterring federal forces.  Deputy Barney Fife with a revolver and one bullet in his pocket may be the model of the left, but our rights to bear firearms must not become restricted to the point of ineffectiveness.  We must stand strong for the right of law-abiding citizens to own semi-automatic firearms without bans, burdensome fees, or cumbersome regulations.  

ACTION ALERT on Gun Control - 3 Bad Bills, Call DC

Congress is back in session and Speaker Pelosi has three gun control bills queued up.  These bills are NOT GOOD for gun owners and our liberties.  The following guidance comes from Heritage Action for America (https://heritageaction.com/), the political action organization associated with the  national, conservative policy group Heritage Foundation.

"Second Amendment. This week, Democrats will begin “marking up” three gun-control bills in the House Judiciary Committee. Heritage Action is opposed to all three bills as they unnecessarily restrict Americans’ Second Amendment rights.

• HR 1186 - Restricts Americans’ ownership of magazines of certain capacities, with exemptions for law enforcement and government agencies.
• HR 2078 - Individuals who have been convicted of a misdemeanor hate crime would be prohibited from owning firearms. Currently, the law prohibits individuals who have committed felonies from owning firearms—this is the appropriate and correct standard.
• HR 1236 - This bill falls under the category of “red-flag laws” and allows law-enforcement to confiscate individuals’ firearms when other individuals report them as a danger or threat. There is some broader nuance on the general idea of red-flag laws, but there is no nuance on this bill. It’s a far-left bill that does not provide adequate due-process protections."

All conservatives, liberty-minded Americans, and gun owners must contact your Congressman, your Senators, and the White House to tell them that you oppose these three bills.

White House contact: https://www.whitehouse.gov/contact/

Senator Cornyn contact:  https://www.cornyn.senate.gov/contact

Senator Cruz contact:  https://www.cruz.senate.gov/?p=email_senator

U. S. Congress contact:  https://www.house.gov/representatives/find-your-representative

There are solutions to gun violence that do not abridge your constitutionally guaranteed rights to due process and gun ownership.  For liberty-minded solutions see yesterday's blog entry: https://travis-outrider.blogspot.com/2019/09/do-something-we-can-address-gun.html. 

Do Something! We can address gun violence AND uphold the rights of lawful gun owners.

After every high-profile shooting the calls to "Do Something!" begin immediately.  Most of the proposals have little to do with effective solutions to gun-related deaths, and too many create barriers for law-abiding gun owners.  Here are some proposals that address gun-related violence while upholding the rights of law-abiding citizens to own firearms.  Elected officials who claim to support gun ownership rights should be pushing these kinds of solutions instead of back-pedaling on Second Amendment rights.

1.       Since the majority of deaths by firearm are suicide (60%), increase funding for mental health services and suicide prevention campaigns especially in vulnerable communities such as veterans.

2.       Enforce the laws.  This includes holding government agencies accountable to update the NICS databased used for background checks in a timely manner and add more reporting criteria associated with criminal activity.

3.       Enforce the laws.  The majority of gun-related deaths besides suicide stems from organized crime.  Empower and fund law enforcement to root out sources of organized crime and increase security at ports of entry and the borders where drugs, firearms, and human trafficking are occurring.

4.       Enforce the laws.  End the soft-on-crime policies for violent juveniles like the ones implemented at Parkland’s school district that allowed a repeatedly violent, troubled student to avoid a criminal record even though ‘everyone knew’ he had severe problems.

5.       Continue funding for security in vulnerable public areas such as schools, arenas, and transportation hubs for physical barriers, technology, and armed, trained personnel.  

6.       Allow law-abiding citizens to own and carry weapons as a first line of defense against criminals including the recognition of state-issued carry licenses across state lines.  Statistics show guns are used in self defense hundreds of thousands up to millions of times each year.

7.       Ensure that law enforcement can act on explicit threats while maintaining current legal standards of due process with a presumption of innocence. Circumventing due process or using safety panels outside the legal system are an abridgement of liberty.

8.       Expand the definition of sellers that are required to do background checks based on number of transactions per year and location of sales (eg. gun shows) without criminalizing private person-to-person transfers and without creating gun registries, fees, licenses, or other barriers to gun ownership by law-abiding citizens.