Apr 17, 2011

Texas legislators seek expanded gun rights for themselves

State lawmakers could soon gain the right to carry concealed handguns where other Texans may not -- such as in bars, hospitals, schools and churches and at sporting events and amusement parks.

Measures pending in the Legislature would give state officials the right to carry guns in those places. And some lawmakers say the change is necessary in the wake of the Arizona shooting this year that left several dead and U.S. Rep. Gabrielle Giffords fighting for her life.



"Obviously we present a greater target for those people that are emotionally disturbed out there in the public than the average person does," said Rep. Tim Kleinschmidt, R-Lexington, who sponsored one of the bills in the House. "With that gold pin on your jacket, when you put that nameplate on and [stand] at the microphone, you make a target."

He said greater gun rights for lawmakers could someday lead to expanded rights for all Texans.

But some wonder why lawmakers, both active and retired, should be the only ones to get such privileges now.

"I think it's another example of legislators trying to live above the law," said Rep. Lon Burnam, D-Fort Worth, who does not have a concealed-handgun license. "It sets a really bad example. It's embarrassing, frankly."

Sen. Dan Patrick, R-Houston, is sponsoring the Senate version of the bill, which could soon go to the floor.

"This bill is really about logistics," Patrick said last week.

"We go from one place to another -- maybe five or six places in one evening for functions and events -- and we may be faced with either leaving [guns] in the car or taking them inside and violating the law."

Safety concerns

Many times, lawmakers are invited to places they have never been to give speeches or meet with constituents. Kleinschmidt said they don't have a security detail and must often navigate dark parking lots, stairwells or alleyways.

"These things are not intended to show a favoritism," he said. "It's a safety factor for elected officials who dedicate many hours of their lives to public service.

"You're afraid of that 1 in 10,000 or 1 in 100,000 that shows up and you are the target because you are in the public eye."

Kleinschmidt has said he would like to expand this right to the public someday.

"What we have learned over a period of time ... we have to incrementally approach these situations," he said. "If you try to jump all the way to the wall in one jump, invariably someone strikes you down."

One version of the House bill remains in the Homeland Security and Public Safety Committee; another is in the Calendars Committee, one step from reaching the House floor.

Land Commissioner Jerry Patterson, who as a Republican state senator sponsored a concealed-handgun bill in 1995, said he opposes the current proposal.

"We are no different than the average citizen when it comes to our Second Amendment rights," Patterson said.

Patterson said that in 1995, an amendment was proposed to prevent Texans from carrying their concealed handguns in the Capitol.

"I wouldn't accept it," he said.

"That's saying we're passing a law that's good for the entire state of Texas, but we don't want you to do it around here.

"Citizen legislators are citizen legislators. We should have the same rights as everyone else."

If there's a threat, Patterson said, a legislator can call the Public Safety Department for help.

Opposition

Rep. Phil King, R-Weatherford, supports concealed-handgun rights. He said he would support removing the restriction for all of Texas' concealed-handgun-license holders.

"I've never understood the logic in restrictions," King said. "What changes in the license holder when they walk from one building into another? Nothing."

The proposals have drawn a number of comments on websites such as Texas Gun Talk, where most seemed to not support the bill.

"Back to the fields silly peasants," Angered_Kabar wrote. "Only us of Power and Position are allowed to take advantage of Liberties."

MR Redneck said that if the bill this year is used to expand rights for all Texans in the future, that's good "as long as it keeps moving forward."

Opponents of expanding gun rights are among those speaking against the proposal.

"Texas is facing a great deal of problems, and they are ... working on nonexistent problems," said Marsha McCartney of the Brady Campaign to Prevent Gun Violence. "There are so many other things they could be concentrating on.

"Once again, they are trying to fix something that isn't broken."

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