(The Center Square) – As the Texas House races to vote on more than 400 bills ahead of a Thursday deadline, it passed several that would strengthen the state’s Second Amendment protections.
Under House rules, bills that aren’t voted on by midnight on Thursday will effectively die. Thousands of bills are expected to meet their end by then.
The regular legislative session is slated to end at the end of the month; a special session is expected to be called by the governor if certain legislative priorities aren’t passed.
Of the scores of bills that passed, several advance Second Amendment protections, filed by Republican state Reps. Wes Virdell, Carl Tepper, and Ryan Guillen.
Virdell filed HB 3053, which would amend Local Government Code to prohibit a municipality or county from adopting or enforcing an ordinance, order or other measure related to a firearm buyback program with the intent to remove firearms from public “circulation, reduce the number of firearms owned by civilians, or allow individuals to sell firearms without fear of criminal prosecution,” according to the bill language.
While supporters argue such programs reduce gun violence by allowing individuals to voluntarily surrender their firearms, often in exchange for financial compensation or other incentives, Virdell argues this hasn’t proven to be true. He argues that “such programs are largely ineffective in reducing crime rates, as the firearms turned in are often older or non-functional, and criminals are unlikely to participate,” the bill analysis explains.
He points to a 2023 Cato Institute analysis of data from 1991 to 2015 that showed no evidence that firearm buyback programs were effective at deterring gun crime. A Rand Corporation report came to a similar conclusion, the analysis points out. The Cato study also found that gun crimes increased in the two months after a firearm buyback program concluded, “which would be consistent with criminals understanding that the area is less secure due to the removal of firearms from law-abiding owners,” the analysis states. The purpose of the bill is to provide a “consistent statewide approach to firearm regulation by prohibiting municipalities and counties from organizing, sponsoring, or participating in firearm buyback programs.”
The bill passed along party lines by a vote of 85 to 56.
Virdell also filed HB 2458 to establish a defense to prosecution for aggravated assault for those who threaten to cause death or serious bodily injury by exhibiting a deadly weapon in act of self-defense.
“Current law relating to brandishing a firearm creates confusion over what conduct is considered unlawful, as state law does not define ‘brandishing,’” the bill analysis states. “Depending on the situation, displaying or drawing a firearm does not alone constitute an illegal act,” Virdell argues. Under current law, depending on the circumstance, those who display or draw a firearm in Texas may face criminal charges, including unlawfully carrying a weapon, deadly conduct, or aggravated assault, among others. His bill addresses the issue by providing clarification and amending the state penal code. The bill passed with bipartisan support by a vote of 119 to 18.
Virdell, a U.S. Air Force veteran elected last November as part of the Republican pro-school choice wave, has championed Second Amendment rights for decades and has a family history of military service. He’s related to one of the Immortal 32 from Gonzales who perished at the Alamo, and a descendent of those who fought during the American Revolutionary War and in World War II. Working with Gun Owners of America, in 2021, he helped pass Constitutional Carry and in 2023, helped kill 152 anti-gun bills and pass six pro-Second Amendment bills in the state legislature.
Tepper filed HB 1794 to amend state penal code to authorize license to carry (LTC) holders to carry their concealed handguns on the premises of certain polling places on election day or during early voting, with exceptions. Current law prohibits them from doing so. The bill passed along party lines by a vote of 83 to 50.
Guillen filed HB 170 to amend state code to establish a defense to criminal prosecution for individuals who are justified in their use of force, including for self-defense. The bill seeks to strengthen the state’s castle doctrine, “to ensure that individuals who use justified force or threaten to use justified force will not suffer civil penalties or face unnecessary expenses by granting these individuals immunity from civil liability and entitling them to recover expenses for a related civil action,” according to the bill analysis.
The bill passed with bipartisan support by a vote of 118 to 20.
Guillen’s bill is similar to SB 1730, filed by state Sen. Bob Hall, R-Edgewood, which passed the Senate on Monday with bipartisan support.