Like Just About Every Other Issue, Texas’s Talarico Misfires Badly on Gun Control

There’s already a hitch in the giddy-up of Texas State Representative and Democratic nominee for U.S. Senate James Talarico as he tries to win over Texas voters with the gun control positions he holds. Selling his candidacy to voters will be like trying to nail Jell-O on a Texas barn door. It just won’t stick.

In just the past week, State Rep. Talarico has stated he believes he wants to criminalize private firearm transfers, impose mandatory gun storage laws and bizarrely used the fact that people need to obtain city permits to hold rallies and protests on public grounds as equivalent to government imposing permits and restrictions on Second Amendment rights. “It’s common sense,” the senate hopeful stated.

Remember, this is Texas we’re talking about and that dog likely won’t hunt.

Confused About the Constitution

State Rep. Talarico is facing off against current Republican Texas Attorney General Ken Paxton for the U.S. Senate seat after current Sen. John Cornyn lost in the primary election. The Democratic nominee has said he believes there are six genders and that “God is nonbinary.” He’s even taken a tack of urging Texans to cut down on their red meat consumption. That’s a bold strategy, Cotton.

But when it comes to gun ownership, Rep. Talarico seems confused about it being a Constitutional right and how it can be regulated by government.

Speaking about gun control on a podcast called Unity Over Division, Rep. Talarico gave an odd — and erroneous — comparison involving the First and Second Amendments.

“I am a believer in the Second Amendment. I don’t pick and choose between the Bill of Rights, I believe in the Second Amendment just as much as I believe in the First,” he stated. He continued by suggesting strict gun control was acceptable by stating his belief in why Texans need to “get a permit to exercise the First Amendment right to assemble.”

That comparison is so errant it missed the target by a Texas country mile. Yes, people who wish to hold a rally or protest on municipal grounds must usually apply for a permit to do so from the local city government. But these “time, place and manner” permits are primarily about logistics and resource allocation for public safety and infrastructure management, ensuring participants, and possibly counter protesters, are safe. These permits are not the local government granting or denying permission for applicants to exercise their First Amendment rights. They ensure that participants can exercise their First Amendment rights on city grounds safely.

Conversely, restrictive and overly burdensome gun ownership permitting schemes — the kind with which Rep. Talarico apparently agrees — have been specifically designed in many states to make exercising Second Amendment rights far too costly and time-consuming that law-abiding citizens are priced out of that constitutional right or simply give up trying to exercise it.

The ‘It’s Common Sense’ Playbook

Rep. Talarico has also employed a common play used when gun control activists want to frame their views on gun restrictions as reasonable. Just say they’re “common sense.” Never mind what the U.S. Constitution says.

“We’ve got to make sure that we’ve got safe storage laws and background checks so that we’re keeping everybody safe,” he suggested. “It’s just common sense.”

Since he’s already confused about government permission permits related to First and Second Amendment rights, he’s also likely unaware that mandatory gun storage laws like he’s suggesting could pose constitutionality issues. The U.S. Supreme Court struck down Washington, D.C.’s, strict firearm storage law as unconstitutional in its Heller decision, stating in its decision that, “The requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.” Rep. Talarico’s proposals that force law-abiding gun owners to lock up firearms in the home could be constitutionally questionable and would prevent them from exercising their Second Amendment right for self-defense. It would also be practically unenforceable. Besides, criminals are the ones breaking gun laws the vast majority of the time anyways, not lawful gun owners.

To be clear, though, NSSF does support — and encourages — gun owners to be responsible with their firearms and to utilize secure firearm storage that works best for their personal situation. We have been outspoken advocates for the premise that firearms should be kept out of the hands of people who shouldn’t be able to possess them. That includes children, prohibited individuals, thieves and those who may be going through temporary mental or personal hardship. Reducing tragedies from unwanted firearm access is why NSSF strongly supports Gun Storage Check Week and its “Make Sure It’s Secure.” mantra.

As if Texas voters needed another reason to cast a suspicious eye Rep. Talarico’s way, his support for universal background checks on firearms certainly give them one. This is Texas, after all. A state rooted in gun ownership, self-defense and hunting culture, where lending firearms to friends to use or selling guns to a family member is commonplace. Universal background check laws are only possible if there is a private firearm ownership registry to track who owns what guns. And in Texas? That isn’t happening — and it’s prohibited by federal law to boot.

#GUNVOTE Coming to Texas

It wasn’t just a one-off appearance on a random podcast where Rep. Talarico voiced his support for these gun control positions. On a different recent media appearance, the Senate hopeful was broad and unspecific. According to The Reload, Rep. Talarico again dodged and diverted away from any meaningful responses. “He outlined his beliefs in broad strokes but didn’t provide many specifics. He implied he would go against party leadership on the issue [gun control], but didn’t give a specific example of how,” a report noted.

This is why voters in Texas will #GUNVOTE in November. On an issue of such great importance to the history and culture in The Lone Star State, the Democratic candidate’s only principles on gun control involve evasion and restriction.

In Texas, on guns, that’s barking up the wrong tree.

 

Matt Manda is Manager, Public Affairs for the National Shooting Sports Foundation.