Ask any foreigner: Texas is the home of America’s gun culture. Culturally, sure. Legally? No way. The Lone Star State is way behind the firearms freedom curve when it comes to campus carry, age limits for handgun purchases, constitutional carry and more. Yes, about that “more.” It’s a little known fact that . . .
Texas judges are free to order firearms confiscation for residents accused — but not convicted — of domestic violence. These due-process denying court orders preceded the recent spread of equally unconstitutional Gun Violence Restraining Orders, now known as Extreme Risk Protection Orders, throughout anti-gun America.
wfaa.com proves the point:
Dallas Judge Roberto Cañas, who mainly hears domestic violence cases, is making it his mission to take weapons off domestic violence suspects.
“I do believe it saves lives,” he said.
By law, a person who has a protective order out against them or who has been convicted of domestic violence has to surrender their weapons, but it’s up to judges to determine if a person only accused of domestic violence does the same.
“It gives peace of mind to the judges, at least it does for myself, and let the case run it’s course,” Cañas said.
“Peace of mind to judges” is another way of saying that due process-free firearms confiscation for those accused of domestic violence covers the judge’s ass — should a person the accused use his or her firearm to murder his or her partner before they get their day in court. Which is why creating GVROs or ERPOs is a virtual guarantee that subjects’ Second Amendment protections go bye-bye.
Setting aside Constitutional “niceties,” Judge Cañas is a man on a mission:
In the past two years, Cañas has seized 60 firearms but says there could be more if other judges did the same. He’s created a bench card that outlines the law and what judges have to do. He’s giving those cards to Dallas County District Judges.
“It’s a way to quickly summarize how to use the program and how to have a gun surrender hearing,” Cañas sai.
What to do with all the weapons that are confiscated has been an issue.
“Weapons have to be double locked and double walled and that has been a problem,” said Sheriff Lupe Valdez.
She said she’s securing a building that will be guarded to store the firearms.
“We are going to be able to do this and accommodate many more judges that want to do this,” Valdez said.
You might not be surprised to learn that Judge Cañas loves him some Democrats (and vice versa).
And now the good news: Constitutional Carry is alive and well in Texas, with HB1911 (yup) standing an excellent chance of passing through the legislature to land on Governor Abbott’s desk. Gunwise, Texas’ reality is finally catching up with the state’s reputation.
As for pre-trial or hearing firearms confiscation in Texas and elsewhere, given the political inadvisability of defending the gun rights of people accused of domestic abuse, it will probably take a Supreme Court decision to strike down the laws pissing on 2A. That’s gonna take a while . . .