Texas Attorney General Ken Paxton has joined forces with 18 other state attorneys general to sue the federal government over Vice President Kamala Harris’ National Gun Confiscation Resource Center.
This controversial initiative, established under the Biden Administration, is designed to assist states in passing red flag gun confiscation laws, which many argue infringe upon Second Amendment rights.
The lawsuit, filed in April, challenges the constitutionality of the National Extreme Risk Protection Order Resource Center, arguing that it undermines fundamental rights and imposes federal oversight on state and local matters. Paxton, known for his staunch pro-gun stance, has been a vocal opponent of red flag laws, which he believes violate due process and the Second Amendment.
“The Biden Administration’s attempt to impose federal control over state gun laws is not only unconstitutional but also a direct attack on the rights of law-abiding citizens,” Chris McNutt, President of Gun Rights said in response to Paxton joining the other AG’s filing the lawsuit.
“Red flag laws allow the government to strip individuals of their Second Amendment rights without due process, and this so-called Resource Center is nothing more than a tool for federal overreach.”
Paxton’s pro-gun history is well-documented. He has consistently advocated for the protection of gun rights and has taken legal action to defend them.
In 2021, Paxton joined other state attorneys general in a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over its attempt to regulate pistol braces, arguing that such regulations infringe upon the Second Amendment.
He has also supported Texas’ Constitutional Carry law, which allows Texans to carry handguns without a permit, and he recently challenged the new “dealer in firearms” rule finalized by the ATF, which would prhobit many personal firearms transactions that groups like Texas Gun Rights and Gun Owners of America are referring to as a ban on private firearms sales.
The lawsuit against the National Gun Confiscation Resource Center is backed by a coalition of states, including Alabama, Arkansas, Georgia, Idaho, and Missouri. The plaintiffs argue that the Center’s guidance and funding mechanisms encourage states to adopt red flag laws that lack adequate due process protections and could lead to unwarranted firearm seizures.
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), allow law enforcement or family members to petition a court to temporarily remove firearms from individuals deemed to be a danger to themselves or others. While proponents argue that these laws can prevent violence and save lives, critics contend that they are ripe for abuse and can lead to violations of constitutional rights.
The lawsuit cites several studies and expert opinions that question the efficacy of red flag laws. A comprehensive study by the RAND Corporation found “no qualifying studies” that show a conclusive decrease in incidents like violent crimes, suicide, and other related events as a result of red flag laws. Similar surveys from the Duke Center for Firearms Law and independent researchers have also failed to demonstrate significant impacts on homicide or suicide rates.
In addition to the constitutional concerns, the plaintiffs argue that the National Gun Confiscation Resource Center represents an improper use of federal power. They assert that the Bipartisan Safer Communities Act, which the Department of Justice cites as the basis for the Center, does not authorize the creation of such a federal entity.
“The federal government has overstepped its bounds with this Resource Center,” Paxton added. “It’s up to the states to determine how best to protect their citizens while respecting their constitutional rights. We will not stand by and allow the Biden Administration to erode our freedoms under the guise of safety.”
As the legal battle unfolds, the lawsuit underscores the ongoing tension between federal and state authorities over gun control measures. With Attorney General Paxton leading the charge, Texas and its allied states are poised to defend their citizens’ rights against what they perceive as federal overreach and unwarranted gun confiscation efforts.
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