BLOG #20a: Texas And The “Open Carry” Law
A half-baked idea by a half-brained legislature?
Andrew Yiannakis, Ph.D.
Professor Emeritus, University of Connecticut
Research Professor, University of New Mexico (USA)
There is a cancer sweeping across America, gobbling up large swaths of territory. This cancer has a name, and it’s not ISIS! It is a brand of right wing extremism that has taken over the minds of the poor and the uneducated, and has found a voice in some legislatures across the country. This NRA-driven initiative is the latest manifestation of this cancer in the Texas Legislature, and the passage of its “open carry” law with minimum restrictions. While almost 31 States in the Union have “open carry” laws, this recent enactment removes most of the restrictions associated with this law. The Texas law basically makes it legal to openly carry a weapon almost anywhere in the State of Texas, including public university campuses and the classroom. A Texas resident now has a right to legally carry a gun, openly, to a sports event; to a bank; to a shopping mall; to a Post Office; and to college campuses and the classroom (private universities are exempt). In fact, the law has made it legal, under a deliberate misinterpretation of the 2nd Amendment, to turn the State of Texas into an armed camp.
According to former conservative Supreme Court Chief Justice Warren Burger, the right to carry guns is protected under the 2nd Amendment by the Constitution of the United States, so long as those who carry such weapons form a “well-regulated militia for the purpose of protecting the State”. The latest law enacted by Texas makes it legal for any citizen to carry a gun to pretty much anywhere, whether that citizen is a member of a “well-regulated militia”, or not.
The motivation behind this law appears to be the perceived need for citizens to be able to defend themselves against acts of terrorism, or insanity (sometimes it’s hard to tell the difference) against lone or multiple shooters. The horror of recent acts of violence in schools (e.g. Sandy Hook), in places of worship (e.g., South Carolina), and the recent murder of 49 people in an LGBT night club in Orlando, Florida, to mention but a few, has critics suggesting that the police is not up to the task of protecting citizens, and “open carry” seems to be the only logical solution available. At least, this is what the NRA would have us believe. So, the Texas Legislature, without examining the larger picture, and the ramifications of turning Texas into an armed camp, recently passed a special “open carry” law that permits citizens to take their guns practically anywhere they want to, including public university campuses and classrooms. This, in theory will enable citizens to defend against random acts of violence by the insane, the unhinged, or by terrorists.
On the surface, and in the absence of effective police protection, this law makes sense. But like every complex issue, simplistic solutions often miss the mark and, in this case, the Texas Legislature missed the mark by a mile. And what a public relations disaster this law will be for Texas!
Consider the following ramifications:
Relations Between the Police and the Public
Relations between the police and the public are already strained in many parts of the US. This past year we’ve seen over 760 shootings by police, the latest one being a case of a North Carolina State Trooper shooting, in error, an unarmed deaf/mute person who failed to stop his car when ordered to do so. While the notion of “shoot first and ask questions later” may apply to some cops, especially in high crime areas, how much more jittery do you think cops will be in “open carry” States when every time they stop someone for some routine violation, they’ll wonder whether the subject is armed? If you were a cop how would you react under such circumstances? In fact, I predict that we shall see many more shootings by police in “open carry” States than ever before. If I were a cop I would play it safe and shoot first and ask questions later.
In “open carry” States (especially those with few restrictions) it’ll make the job of police work much more complicated, especially when the police arrive on the scene of an on-going shoot-out between the “good” guys and “bad” guys. How is the police going to be able to sort all this out in the heat of the moment? If I were a cop I would shoot at anyone pointing a gun at me and ask questions later. If I were to hesitate I would be putting my life at risk. Why would we want to add more pressure on the police when the job they do is already stressful enough?
- If the intent of “open carry” laws is to give citizens a fair chance of defending themselves against acts of violence, there is an implied assumption in this law that, without any training under “combat” conditions citizens will remain calm, and disciplined, and defend themselves by shooting back at their attacker (and not at each other or the police). Yet, we know that even the most well trained soldiers sometimes falter under the pressure of gunfire, with the result that they either freeze, or start to shoot back recklessly, sometimes injuring or killing each other.
Some Economic Impacts of “Open Carry”
Economically this law may have severe consequences for both domestic and international tourism. Domestically, I predict a drop in visits from other US States that don’t have “open carry” laws, but where Texas is going to be hit the hardest is from international tourist arrivals, especially from Europe, Canada and Japan. International visitors generate a considerable amount of revenue for States such as Texas and Florida, among others, and a drop-off in tourist arrivals will cause the economy of Texas a lot of damage. Already, the mounting gun violence in the United States has caused the governments of France, and several other European countries, to begin issuing warnings to its citizens to avoid certain States and cities in the United States. My prediction is that these warnings will be extended to target States with “open carry” laws, and especially States that have few, or no restrictions on the carrying of guns.
Very often, what Americans don’t get is the fact that gun ownership in the rest of the world is an abhorrent idea and people feel uncomfortable around guns, especially when they are openly displayed. Guns are associated with rogue states and unstable third world countries, and are not seen as appropriate in civilized societies. Clearly, the Texas legislature failed to consider the broader ramifications of enacting an “open carry” law with almost no restrictions, and the State will suffer for it where it hurts the most. The pocketbook!
- The Convention Industry
The Convention Industry is a major source of revenue for many US States. It brings in visitors from around the world for trade conventions, sports conventions, movie conventions, academic conventions and conferences, and the like. The income generated by such events contributes to a State’s economy in significant ways, and can put a severe strain on a State when such income is lost, as North Carolina found out with its restrictive LGBT law.
- “Open Carry”: The College Campus and the Classroom
As a retired university professor, the idea of students “packing heat” in the classroom is very disconcerting, to say the least. University campuses and the classroom have always been thought as near “sacrosanct environments” that provide students a hiatus from the demands and pressures of everyday life. It is a place where education can take place unhindered and unfettered by fear, threat or intimidation. It is a place where the pursuit of learning, and the trust that often develops between students and professors can lead to the freedom to challenge ideas without fear of intimidation, to question, investigate and analyze openly, and honestly. The classroom is a place where students can learn to think first, and acquire technical, or job skills second. It is a place where ideas, questioning, debate and discussion help to open the mind and free students from “falsehood and illusion”, as Plato wrote over two thousand years ago. By bringing guns into the classroom, the near pristine nature of an ideal learning environment will be contaminated and corrupted, thus damaging the learning process and causing mistrust between professors and students (and even among students themselves).
“Open carry” on campus (or any guns on campus) and the classroom is a very bad idea for another reason. Since the law gives everyone the right to carry a gun, what is there to prevent some professors from packing in the classroom, as well? After all, professors have the right to defend themselves under this law as well! I know that many professors in Texas are already intimidated by the idea of students bringing guns to the classroom, and this is causing many to consider leaving the Texas system of higher education. Already, there are reports that faculty are leaving Texas universities in large numbers, which is not surprising, and my guess is that those who choose to remain may start bringing their own guns to the classroom as well!
The militarization of Texas, and in particular, its public universities, will have severe consequences on Texas higher education. Top academics are already abandoning ship, and one major consequence will be the degradation of higher education. This will also tarnish the image of Texas’ fine universities. The negative snowball effect and economic impact of guns on campus, and in the classroom, could be devastating. Economically, many universities in Texas generate revenue by admitting international students who often pay top dollar to attend. I predict that much of this revenue will be lost as most international students will study elsewhere in the USA. If the cancer continues to spread to other States, and more American universities become armed camps, I predict that the USA will start to see fewer and fewer international students attending American universities. This trend will undoubtedly help British and other major European universities where guns are illegal.
Finally, I should mention that many college professors in Texas are extremely concerned about this turn of events, and recently filed a motion to overturn the open carry law, as it applies to college campuses and the classroom. Their “initiative” didn’t go anywhere. A Texas judge upheld the “open carry” law without restrictions, starting, in effect, the Texas academic brain drain!
“Open Carry” at Sports Events
The potential for gun violence in sports events is high, given that the excitement and the action of a game often energize and hype up fans and spectators. In such a hyped-up state it is not unreasonable to predict that some fans, upset by losing an important game decide to “punish” the athlete, or athletes who, in their minds lost the game for them. What is there to stop an irate fan from using their AR-15 to take out the athlete who fumbled a ball and helped destroy everything they lived for? I would suggest that in a high state of excitation, and after having put a few beers away, shooting the athlete who failed them won’t seem such an unreasonable act. After all, they deserved it, right?
Further, how is “open carry” going to affect sports events, and other events of a social nature that traditionally attract families with young kids? Would you, as a parent, want to take a chance and take your children to an event where you may be surrounded by excited, and hyped up fans, most of whom are brandishing assault weapons all around you?
An Aside
Texas has historically shown an inclination to want to secede from the Union, to become its own independent country. Perhaps this is the time to grant them their wish before their cancer starts to infect the rest of the nation. And, as a bonus, after Trump loses to Hillary in November, he may be invited to become the first President of the new State of Texas where, he’ll at least be able to qualify for a loan without having to reach out to Russia!!! And, as a bonus, he’ll have the money to pay for his “wall”, for the Mexican Government is certainly not going to oblige him!
ANNOUNCEMENT
Folks, if you are interested in following my English Grammar (Let’s Get It Right) or Political Blogs and General Commentary on current events, please access my main site for a COMPLETE LIST at:
http://unm.wsrjj.org/persweb.htm