Introduction
Texas has repeatedly been confronted with mass shootings that have precipitated gun control changes. Texas has had more people killed in mass shootings than any other state (Miah, 2022). Conservative activists and gun rights advocates have long sought to suppress gun carry laws to enable citizens to protect themselves during mass shootings. In June 2021, Texas Governor Greg Abbott enacted the constitutional carry bill, HB 1927 (Oldham, 2022).
Discussion
The Act repeals the need for a concealed handgun license for Texas residents who are not prohibited from possessing firearms by federal or state law (Oldham, 2022). Under constitutional carry, carrying a handgun in public is allowed without requiring background checks, official licenses, registration, or training. The thesis states that there are two sides to the problem and society is divided into those who believe the constitutional carry right should be repealed as it does not adequately deter mass shootings and leads to increased violence, and those, who think only the police should have the permission for carrying guns.
Some sources claim that the constitutional carry regulation would grant disqualified individuals with criminal histories access to firearms. Removing barriers to obtaining firearms can increase illegal activity, as criminal organizations can purchase firearms to perpetrate crimes. Criminals are not sufficiently deterred by the restrictions and penalties outlined in the legislation regarding felons found possessing unlawfully obtained firearms (Katsiyannis et al., 2022). The constitutional carry law will increase the number of guns available to criminals because no law prevents them from obtaining firearms. However, the constitutional carry law’s proponents argue that fewer mass shootings will occur because more individuals can intervene in mass shooting situations. Katsiyannis (2022) claims that gun owners will defuse the situation by confronting mass shooters. The author’s statement is misguided, as the fundamental cause of mass shootings is a lack of gun safety awareness. The removal of firearms training and proficiency tests may increase violence. An example is when a person not adequately trained in gun handling procedures tries to diffuse a gun situation but injures bystanders.
As for evaluating the issue from the legal point of view, some sources claim that the government should not restrict the right to bear firearms based on the provisions under the Second Amendment, which gives individual citizens the right to own and carry firearms. The Supreme Court decision in New York State Rifle and Pistol Association v. Bruen in 2022 overturned a New York gun safety law. The court ruled that the law requiring a license to carry concealed weapons in public spaces was unconstitutional (Oldham, 2022). This law solidified the Second Amendment provision that individuals can own guns, not only a collective militia. Katsiyannis (2022) states that the ruling shows that gun control legislations that prevent constitutional carry are unconstitutional as barring people from constitutional carry infringes on their Second Amendment right regarding self-defense. However, the assumptions of the source do not seem accurate as the author does not consider the evolution of modern weapons in their findings that gun control laws are illegal. Modern weapons, such as semi-automatic rifles, are different from historical muskets; thus, the court did not factor that the regulated guns continue to evolve, but the regulations remain constant.
However, according to another source, constitutional carry prevents the exercise of an important civil right to protection as it obstructs the work of the police, making it challenging to identify suspects at a crime scene. Most evidence connecting suspects to a live crime scene originates from fingerprints. It may become impossible to recognize fingerprints at crime scenes if the obligation for gun owners to provide their fingerprints is removed (Katsiyannis et al., 2022). This obstructs justice since it is challenging to trace criminals because police cannot determine who owns the firearms, they find at crime scenes.
The constitutional carry statute does not mandate that people attend a course on gun safety, which may increase the number of shootings. Inadequate training resources will lower the number of gun owners who meet legal requirements for safely handling, storing, and transporting guns. As a result, there will be more unintentional shootings and firearms thefts. Gun thefts rise due to improper firearm security, leading to an uptick in crime when criminal gangs seize the weapons (Miah, 2022). Live-fire training is essential for establishing if gun owners can safely load and shoot a firearm without endangering others (Oldham, 2022). Responsible gun ownership and storage can significantly increase safety, but only if people are adequately trained.
Advocates of constitutional carry refer to privacy protection jeopardized by gun ownership laws. All individuals who own firearms must have their fingerprints taken by the government, which is viewed as an invasion of their right to privacy (Katsiyannis et al., 2022). Proponents say that the government’s database of gun owners can be used to harass residents through confiscations. The author’s findings are misguided as they do not consider the benefits of fingerprints database on criminal investigations. The database makes it simpler for law enforcement to track down gun owners and stop criminal organizations from accessing firearms, making the general public safer.
Conclusion
Constitutional carry refers to state laws that advocate for the freedom to carry a firearm either openly or concealed. The constitutional carry law should be repealed as it does not adequately deter mass shootings, leads to increased violence, and interferes with the criminal justice system, such as police work. The lack of background checks and gun safety training can increase mass shootings as individuals lack safety measures to diffuse such situations. The Supreme Court ruling that confers individuals the right to constitutional carry did not consider how modern weapons have evolved to cause maximum damage in case of shootings. Texas constitutional carry law should be repealed as its negatives outweigh its benefits.
References
Katsiyannis, A., Rapa, L. J., Whitford, D. K., & Scott, S. N. (2022). An examination of us school mass shootings, 2017–2022: Findings and implications. Advances in Neurodevelopmental Disorders, 38(3), 141–147.
Miah, M. (2022). Uvalde school shooting exposes violent gun culture, endemic racism. Green Left Weekly, 1347(7), 1–15.
Oldham, J. (2022). Gun safety revisited. Journal of Psychiatric Practice, 28(4), 273–274.