Texas shootings renew discussion on gun laws

AUSTIN, Texas - Last week, a man went on a shooting spree in Austin and San Antonio, killing six people and injuring three more, including two cops.

That incident has renewed debate over gun control law.

FOX 7 Austin's Mike Warren spoke with Lindsay Nichols, the federal policy director at the Giffords Law Center, to learn more.

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MIKE WARREN: The shooter last week left the Army back in 2015 due to a domestic violence incident. He was also arrested in 2022 for three misdemeanor assault charges. Do you think that is enough that he shouldn't have been able to buy a gun?

LINDSAY NICHOLS: A history of violence is a good indicator that a person is going to be violent in the future. So, yes, that that person shouldn't have had a gun.

MIKE WARREN: In November, the Supreme Court heard arguments in a case challenging a federal law that prohibits people under domestic violence restraining orders from having guns. What implications could their decision have on cases like this?

LINDSAY NICHOLS: Well, we're waiting for a decision in that case before coming to any judgment about how the court is going to determine the outcome. Every time the court takes up a gun case, and they don't do it very often, it can have big ramifications, because there are a variety of gun laws across this country. And we do hope that the justices of the Supreme Court take into account the tremendous danger that domestic violence abusers and other people with a history of violence pose when they're in possession of a gun. This particular law at issue in this case is a reasonable and wise response to that danger, and it protects our families and our communities.

MIKE WARREN: Talking about the different laws and, as you mentioned, there are loads of gun laws across the country. But what gun legislation should lawmakers be looking at to prevent gun violence while at the same time not infringing on Second Amendment rights?

LINDSAY NICHOLS: Yes, there are a number of strong, reasonable, common sense provisions that states and Congress could enact that do both of those things, that protect our communities from gun violence and protect Second Amendment rights. First and foremost, a background check requirement that applies to all gun sales. So, regardless of whether the seller is a licensed gun dealer or is an unlicensed seller of firearms, all sales of firearms should be preceded by a background check so that people with a history of violence, with a history of violent crimes, can't easily obtain weapons. That is something we don't have at the federal level. 21 states have enacted that law. Texas is not one of those states. That law can protect people by making sure that guns don't fall into dangerous hands. So that is the first and foremost thing that policymakers should look at to curb the spread of gun violence through our communities. But there are other provisions as well, provisions that strengthen the qualifications so that a person can possess a gun and look at the indicators of what makes a person at a high risk of committing violence. Giving people the ability to seek a protective order that's specifically about guns so that guns can be removed from a person temporarily through a court procedure when they are at risk of violence or suicide is another important provision. So there are a number of things that communities and lawmakers should look at in order to address this epidemic of gun violence.

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MIKE WARREN: In this situation with this shooter from last week in the shooting spree, should there have been a law that would have prevented him from getting a weapon?

LINDSAY NICHOLS: Absolutely. There's no question that there is this gaping hole in our gun laws that allows people who've been convicted of felonies, who have a history of domestic violence and who are known to their communities to be a danger. They shouldn't be able to buy a gun. There should be a requirement that the seller conducts a background check before the sale.