Possibility of red flag law discussed in state Capitol

A House committee is set to hold its first hearing on Monday to explore whether the Lone Star State needs a so-called “red flag law.”

Red flag laws have been discussed and adopted across the nation in light of the increased prevalence of mass shootings. The laws allow law enforcement, and sometimes family members, to ask a court to order the seizure or surrender of guns from people deemed dangerous by a judge.

Texas’ Republican Gov. Greg Abbott asked the state House and Senate to look into whether the state might benefit from this type of law after the release of his massive school safety plan, drawn up after a series of roundtable discussions prompted by the deadly shooting at Santa Fe High School in May.

“Any bill that has touched on gun rights or second amendment was essentially a non starter in the past,” State Rep. Joe Moody, (D) El Paso, told ABC-7. Moody has been in office since 2013 and has introduced bills to create a red flag law since 2015. He also heads up the criminal jurisprudence committee, which is the committee that will hold a hearing on whether that type of legislation is needed in Texas.

“Hopefully it brings people from all political backgrounds to a rational conversation about whether we need something like this,” Moody told ABC-7 in a recent sit-down interview. ‘”If we do, what does it look like for Texas? Because nothing says it has to be this way or that way. We can construct this in a way it works for us.”

Moody said he is anticipating a hearty debate during the discussion, which will be open to the public.

“I’m certain people will oppose this,” he added. “There are some folks that are of the opinion of no matter the danger you may pose, that at no point should we be able to deprive you of your weapons.”

That idea has already concerned some conservative groups who have publicly denounced the red flag law, saying it will violate the right to due process.

Moody said he had pushed for a red flag law to be implemented in Texas when he started looking into mental health issues and suicide prevention.

“Other states have seen a reduction in gun-related suicide when they have these on the books, and that’s initially how I started working on this,” Moody said, adding, “I think the mass shootings that we’ve had have raised awareness about laws like this and potentially ways to possibly cover those situations as well.”

Moody, who is an attorney, tried to assuage fears that a law that could deprive people of their right to possess weapons would not be abused and will instead be used to keep people safe.

“The protective order process is one we use in Texas every single day,” he said. “Judges make decisions every single day whether to deprive someone of their liberty, let alone their property.

“I don’t want a construct that is open to abuse.”

The Criminal Jurisprudence Committee will also discuss whether it is necessary to create legislation that would allow for the prosecution of those whose weapons are used in a violent act.