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A quick look at gun control, gun rights and Texas voters

Here’s what you need to know about Texas gun laws, including which elections to watch and which elected officials impact gun policy.

Texas has few restrictions on firearms. It also has seen deadly mass shootings at churches, malls, schools and in downtown Dallas in 2016 where a gunman killed five police officers. Texas is the top source of U.S. guns trafficked into Mexico to arm the drug cartels, and Texas guns also find their way into the hands of criminals across the U.S., authorities say.

The state is ranked 27th in the U.S. for gun-related deaths. Guns killed more than 4,600 Texans in 2022 in connection with homicides, suicides and accidents, according to the most recent federal health data.

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Here’s what you need to know about gun laws, including recent developments and which elections to watch.

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Who are the key elected officials who impact gun policy?

The President and Congress: Congress makes laws concerning federal gun regulations that apply nationwide while state legislatures are free to pass their own restrictions or gun rights protections. The president helps set the agenda on gun control or gun rights and signs new bills into law.

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Courts: Federal courts, federal appeals courts and the Supreme Court decide whether laws and executive orders related to firearms conform with the Constitution. The president nominates new judges and the U.S. Senate confirms them.

State Legislature: The Texas Legislature decides whether to expand gun regulations or gun rights in the state. Many states have passed their own gun control measures in recent years after Congress failed to act on calls for reform. At least 15 states and the District of Columbia, for example, have their own bump stock bans. And at least 21 states and the District of Columbia have some form of “red flag laws,” which allow judges to temporarily take firearms from people deemed dangerous. Texas has neither law on the books.

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What decisions have been made recently that have had an impact?

President Joe Biden in 2022 signed the Bipartisan Safer Communities Act, the most significant gun control legislation in years. The federal law makes it easier to prosecute gun trafficking crimes. The law also enhanced background checks for gun buyers under 21 and made it illegal for those with misdemeanor domestic violence convictions to own guns.

On Biden’s orders, ATF issued a rule earlier this year that is intended to increase background checks for gun sales between private parties. And Biden in September 2023 created the White House’s Office of Gun Violence Prevention in an effort to end the nation’s “gun violence epidemic.”

The Texas Legislature passed a “permitless carry” law that took effect in September 2021, allowing gun owners to carry their weapons without a license. The law applies to those who are not otherwise prohibited from carrying a handgun. Previously, Texans had to pass a background check, take a safety course and demonstrate firearms proficiency to obtain a license to carry a handgun in public.

What races should I pay attention to in this election?

President: The president can issue executive orders affecting gun regulation, but such actions often lead to legal challenges that ultimately are decided by the U.S. Supreme Court. Biden, for example, has issued orders limiting the availability of certain weapons like untraceable “ghost guns” and adding restrictions to firearm accessories like stabilizing braces.

U.S. Senate: Democrats hold a 51-49 majority in the Senate, so every Senate race could have an impact on the balance of power and affect gun laws. In Texas, Sen. Ted Cruz is opposed by Democrat Colin Allred, who has voted for gun control legislation. Cruz is a strong supporter of gun rights and opposes most gun restrictions.

U.S. House: Republicans hold a slim majority in the U.S. House, 217-213. Each race is important in determining which party controls the House. There are nine races in North Texas that could impact this calculation and determine what gun laws have a chance of passing. The Republicans’ 2024 platform defends “the right to keep and bear arms.” The Democrats’ national party platform supports universal background checks, safe storage requirements, and a ban on assault weapons and high-capacity magazines.

Texas State Legislature: Republicans have held the majority in the Texas House and Senate for two decades, making it unlikely that any state gun regulations will pass.

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Where can I learn more?

Check out our Voter Guide, available Sept. 30, to learn more about the candidates running.