AUSTIN, Texas — State Senator Roland Gutierrez is rolling out new legislation intended to curb gun violence in the wake of the Uvalde massacre. On Tuesday he held a press conference with other Texas lawmakers, and families still mourning the tragedy, to reveal those ideas.
Gutierrez is still in favor of raising the age limit for purchasing guns to 21, and said he disagrees with the Governor that such a move would be unconstitutional citing the many other states that have a similar age limit. SB 145 would take that step. Still, Gutierrez said there are other options.
Registry for Bulk ammo
The newly filed SB 911 would require anyone selling or buying more than 200 rounds of ammunition at one time to be registered in a state database maintained by the Department of Public Safety. Buyers would also need to go through a background check National Instant Criminal Background Check System (NICS).
The bill states, "(a) All persons selling ammunition in quantities greater than 200 rounds shall register with the database and provide information on the sale, including the date of sale, the name and address of the purchaser, and the type and quantity of ammunition sold.
(b) All persons purchasing ammunition in quantities greater than 200 rounds shall provide their name and address to the seller, who shall forward this information to the database."
It also states "'bulk purchase' means the purchase of 200 or more rounds of ammunition at one time."
Josh Felker, the President of Lone Star Handgun, told KENS 5 the "at one time" portion of the bill would already pose a problem for enforcement.
"It says 'at one time' but it doesn't say an exact time period right?" Felker said. "Does that mean if you come in with your friend and you buy 150 rounds and he buys 150 rounds, but you're both going to shoot, that you violated the law?"
Realistically, Felker said, most boxes of ammunition are less than 200 rounds and it would be easy to make multiple transactions of less than 200 depending on what the person was doing.
At the same time, Felker said people who come out at the companies range to shoot with a group would almost certainly be entered into the database.
"People will come out with their families and buy a couple hundred rounds, maybe 500 rounds, to have fun with their family. Two hundred rounds is not much to blink at," Felker said.
The bill was intended to help prevent another scenario similar to the Robb Elementary School massacre where the gunman previously bought 375 rounds of 5.56-caliber ammunition in one day according to the Texas Tribune.
An emotional Senator Roland Gutierrez said during the press conference someone should know if a teenager buys that many rounds at once.
"We're asking for common sense gun safety solutions so some snot-nosed kid can't go to a gun shop, buy 900 rounds of ammunition, and get some more online for a total of 1,600 and have no one think that is a significant event," Gutierrez said.
The bill would also include language that knowingly making a false statement on a bulk ammunition sale form guilty of a third degree felony.
"It is important that the governor, the lieutenant governor, and speaker of the house understand that we have to do the minimum here. It is important the republicans in this building know we have to do something to make it harder for this to happen," Gutierrez said.
Felker said the problem applying this bill to the Uvalde tragedy is the shooter passed the National Instant Criminal Background Check System (NICS) while buying his guns so there would be no difference if he was also checked while buying ammunition.
"It didn't get flagged. Even he buys an AR-15 and buys 300 rounds of ammunition, and we perform a NICS check, unless something is done on the law enforcement side that gets reported to the national system...there is nothing that would prohibit him from buying that ammunition and walking out legally," Felker said.
Other Bills
Gutierrez sent out descriptions of additional bills to be filed though his office.
Safe Storage Requirements [S.B. 912]
Amends language in the Texas Penal Code to expand safe storage requirements for firearms.
Requires that all firearms be properly secured, not just those deemed to be accessible to children.
Increases the penalty for those in violation from a Class C misdemeanor to a Class A misdemeanor.
Liability Insurance for Firearms [S.B. 913]
Requires every firearm owner to maintain liability insurance for property damage, bodily injury, or death that occurs with their firearm.
Exceptions for members of the U.S. Armed Forces and peace officers while on duty.
This legislation would require firearm owners to maintain liability insurance of at least:
$50,000 for instances of property damage
$100,000 per occurrence of injury or death of a person
$300,000 per occurrence of injury or death to two or more people
Firearm owners must provide proof of insurance upon request by law enforcement officials. Failure to comply or falsification of insurance will result in additional fines ranging from $100 to $1,000; and $1,000 to $10,000 respectively.
Ammunition Purchasing Requirements [S.B. 914]
Requires identification for the purchase of ammunition and makes it a Class A misdemeanor to knowingly sell ammunition to any person younger than 18 years of age.