4 June 6 - 12, 2024 dallasobserver.com DALLAS OBSERVER Classified | MusiC | dish | Culture | unfair Park | Contents Standing by their guns Ken Paxton and the GOP fight to keep the “gun show loophole” open. What does that mean for Texans? By Tyler Hicks W hen he was principal of Ir- ving’s North Lake Early College High School, Sam Eppler would often talk with the school’s police re- source officer about ammunition. If someone walks in with a weapon of war, the officer wondered, what am I going to do with my 9mm sidearm? It’s a question Eppler, a 27-year-old con- gressional candidate, is still pondering. The young Democratic hopeful is quick to point out that he “totally agrees with the Second Amendment,” but if he wins his race and wrests Texas’ 24th District from Beth Van Duyne, he plans to make gun safety a top priority in Congress. Specifically, he wants to implement universal background checks and mandatory waiting periods for assault- style weapons. “I’ve shot some of those weapons be- fore,” he says, “and there’s no part of me that thinks there’s a problem with waiting a mo- ment and asking some questions of the per- son trying to buy them.” On that note, he praises the administra- tion of President Joe Biden for its efforts to close the so-called “gun show loophole,” which allows dealers — even those without licenses — to sell firearms at gun shows without checking whether the buyer can le- gally own the weapon. In April, the Bureau of Alcohol, Tobacco and Firearms (ATF) submitted a rule that would have required licensure for anyone who sells guns for profit, while also requiring buyers to un- dergo a background check. Attorney General Ken Paxton sued to keep the loophole open and won, at least temporarily. A federal district court halted the rule from going into place, and Paxton decried Biden’s attempt to “nullify the Second Amendment.” It’s not a particularly surprising move from an attorney general keen to pick fights and prove his ultraconservative bona fides, but in- terviews with politicians, experts and advo- cates help illustrate the potential danger and the larger motives behind this particular fight. “For a small subset of Republican voters, this is the issue upon which they vote,” says Cal Jillson, a political science professor at Southern Methodist University. “Paxton needs those voters, because turnout is high among that group.” According to several polls, most Texans — including the majority of Republicans — support measures like enhanced back- ground checks. As part of their ongoing public opinion polling on gun control, the Texas Politics Project asked voters if they support or oppose requiring criminal and mental health background checks on gun purchases, including those that happen at gun shows. Sixty-seven percent of Republi- cans said they would support such a law. But experts like Jillson say people shouldn’t put too much stock in that number. “The polling is helpful, but you have to realize it’s just a subset,” he says. “Paxton and Republican candidates know that if they don’t have a majority in the primary they’re defeated, and to get that majority, they have to appeal to the conservatives.” Jillson also notes that the move is pure politics: The suit, while successful thus far, is likely to fail in the long term, he says, yet it will likely score Paxton some political points. As political scientist Brandon Rottinghaus puts it, “For most conservative Republicans, there’s never a bad time to be against the fed- eral government. If it’s about guns, then that’s even more politically sweet.” Paxton’s move continues a clear pattern of challenging the Biden administration on is- sues that are red meat for ultraconservative voters. Earlier this year, he announced a suit against the Environmental Protection Agency in the hopes of halting a new rule designed to curb harmful methane emissions. Paxton’s ar- gument was that the rule — which requires equipment upgrades for leak detections — would put manufacturing facilities out of busi- ness. He also claimed, without evidence, that the rule is “not based on sound science.” “Last time I checked, Ken Paxton is barely a lawyer,” Harris County Attorney Christian Menefee, who supports the rule, told report- ers after hearing of Paxton’s objections. “He’s certainly not a scientist. I don’t think I’m going to take his advice on that one.” Menefee, a Democrat, is the elected chief lawyer repre- senting the county in civil matters. Justin Sullivan/Getty Images | UNFAIR PARK | Ammunition hangs from a gun displayed at booth during the National Rifle Association (NRA) Annual Meeting in May 2024. >> p6
