Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
They're called red flag laws. As they said, they exist
in California a few other places where if you are
deemed dangerous, you are not allowed to own a firearm
or to possess a firearm. The idea behind it, I guess,
to preemptively try to prevent an act of violence from
somebody who might be a problem. We do not have
red flag laws here in Texas, and there's a bill
(00:22):
out that would, I guess, prevent the possibility of having
a red flag law, although I don't know that anybody's
proposed having one at this particular point. Time join us
to talk about it. Mitch Little, former Ken Paxton defense
attorney and Texas State representative from District sixty five in
North Texas. Welcome to the show. Representative. I know you're
asking a lot of questions about red flag laws. What
(00:43):
did you want to know about them?
Speaker 2 (00:46):
Jimmy, great to visit with you.
Speaker 3 (00:48):
We got to hear a witness in our Criminal Jurisprudence
Committee who is a woman with a child. She is
a veteran. She had been in the Navy. She went
into the VA. She got into it. She actually went
for a dental appointment. She got in a dispute with them,
and at some point a bunch of bureaucrats went into
a back conference room and found her to be an
(01:10):
extreme risk, put an extreme risk protective order on her,
and the Sheriff's department in Texas came out to seize
her firearms. This is a United States veteran.
Speaker 1 (01:22):
Wow.
Speaker 2 (01:22):
This is this is.
Speaker 3 (01:24):
Something that should not ever happen in the United States.
It's a it's an extreme denial of due process, the
extreme denial of her constitutional rights, and just plain disrespect
for people who've served our country.
Speaker 1 (01:36):
Well, if we do not have a red flag law
in Texas, how did this happen?
Speaker 3 (01:41):
Well, the interesting thing is, Jimmy, the Texas is it
provides full faith and credit to other states extreme risk
protective orders. So if you get an extreme or if
you get an RFO or extreme risk protective order in California,
the cops can literally come to your house and take
all your guns away. And the idea behind Chairman Hefner's
(02:04):
bill and Senator Hughes's bill, which we're trying to get
to the floor today, is to keep Texas from providing
full faith and credit to these extreme risk protective orders
issued by other states, and boy, the Democrats are hopping
mad about it.
Speaker 1 (02:20):
I bet they are. I don't mean to belabor the point,
but to get back to the example that you use
here is this woman from California or from another state
where she had.
Speaker 3 (02:32):
No No, this is a this is a Texan who
went to the VA in Texas.
Speaker 2 (02:37):
Again the federal process.
Speaker 1 (02:38):
How did they How is it that law enforcement took
away her weapons based on a report from from the veterans.
If we don't have a red flag law for them
to enforce.
Speaker 3 (02:49):
It's a federal order that that local officials were being
asked to enforce.
Speaker 2 (02:55):
With the problem.
Speaker 3 (02:57):
Yeah, the problem is that the interaction between state.
Speaker 2 (03:01):
Law and federal law and the overlay of.
Speaker 3 (03:04):
Those two things, and the state officials having to enforce
federal mandates.
Speaker 2 (03:10):
That's what we're trying to stop with the bill.
Speaker 1 (03:12):
Okay, I got you.
Speaker 2 (03:13):
Okay.
Speaker 1 (03:13):
So we are not as concerned about Texas law because
we don't have a red flag law, but we are
concerned about whether or not our law enforcement officers could
be compelled to enforce a red flag law or a
state that recognized the state's red flag law, if we
had any other incidents of that happening here in Texas
(03:36):
or is this the only one that we know about.
Speaker 3 (03:39):
Well, it's the only one I got to hear about
in my committee. But where there is one, you have
to imagine that there are others. And the shocking thing
is this young woman who had a young child, she
didn't have the ability to even have due process. She
didn't have a hearing. There were no lawyers or judges involved.
It was just simply a group of federal bureaucrats that
(04:01):
made the decision.
Speaker 1 (04:02):
I mean, it's shocking for that that is that is scary.
So what are the chances of this bill getting through
the state legislature, especially this year? Getting kind of late
in the game, isn't it.
Speaker 2 (04:12):
Yes, sorry, it is getting late in the game.
Speaker 3 (04:14):
The last day for what's called second reading, the first
time a bill comes to the floor, is two days
from now. We have a We have bills that are
piled up. The Democrats are chubbing, meaning they're delaying as
much as possible to prevent more conservative bills from coming
to the floor. I think we're going to hear this
bill either today or tomorrow, but it's coming up quickly.
Speaker 2 (04:34):
And say your prayers.
Speaker 1 (04:35):
I will indeed, and thank you for your time. Representative
sure to appreciate it. That is Mitch Little
They're called red flag laws. As they said, they exist
in California a few other places where if you are
deemed dangerous, you are not allowed to own a firearm
or to possess a firearm. The idea behind it, I guess,
to preemptively try to prevent an act of violence from
somebody who might be a problem. We do not have
red flag laws here in Texas, and there's a bill
(00:22):
out that would, I guess, prevent the possibility of having
a red flag law, although I don't know that anybody's
proposed having one at this particular point. Time join us
to talk about it. Mitch Little, former Ken Paxton defense
attorney and Texas State representative from District sixty five in
North Texas. Welcome to the show. Representative. I know you're
asking a lot of questions about red flag laws. What
(00:43):
did you want to know about them?
Speaker 2 (00:46):
Jimmy, great to visit with you.
Speaker 3 (00:48):
We got to hear a witness in our Criminal Jurisprudence
Committee who is a woman with a child. She is
a veteran. She had been in the Navy. She went
into the VA. She got into it. She actually went
for a dental appointment. She got in a dispute with them,
and at some point a bunch of bureaucrats went into
a back conference room and found her to be an
(01:10):
extreme risk, put an extreme risk protective order on her,
and the Sheriff's department in Texas came out to seize
her firearms. This is a United States veteran.
Speaker 1 (01:22):
Wow.
Speaker 2 (01:22):
This is this is.
Speaker 3 (01:24):
Something that should not ever happen in the United States.
It's a it's an extreme denial of due process, the
extreme denial of her constitutional rights, and just plain disrespect
for people who've served our country.
Speaker 1 (01:36):
Well, if we do not have a red flag law
in Texas, how did this happen?
Speaker 3 (01:41):
Well, the interesting thing is, Jimmy, the Texas is it
provides full faith and credit to other states extreme risk
protective orders. So if you get an extreme or if
you get an RFO or extreme risk protective order in California,
the cops can literally come to your house and take
all your guns away. And the idea behind Chairman Hefner's
(02:04):
bill and Senator Hughes's bill, which we're trying to get
to the floor today, is to keep Texas from providing
full faith and credit to these extreme risk protective orders
issued by other states, and boy, the Democrats are hopping
mad about it.
Speaker 1 (02:20):
I bet they are. I don't mean to belabor the point,
but to get back to the example that you use
here is this woman from California or from another state
where she had.
Speaker 3 (02:32):
No No, this is a this is a Texan who
went to the VA in Texas.
Speaker 2 (02:37):
Again the federal process.
Speaker 1 (02:38):
How did they How is it that law enforcement took
away her weapons based on a report from from the veterans.
If we don't have a red flag law for them
to enforce.
Speaker 3 (02:49):
It's a federal order that that local officials were being
asked to enforce.
Speaker 2 (02:55):
With the problem.
Speaker 3 (02:57):
Yeah, the problem is that the interaction between state.
Speaker 2 (03:01):
Law and federal law and the overlay of.
Speaker 3 (03:04):
Those two things, and the state officials having to enforce
federal mandates.
Speaker 2 (03:10):
That's what we're trying to stop with the bill.
Speaker 1 (03:12):
Okay, I got you.
Speaker 2 (03:13):
Okay.
Speaker 1 (03:13):
So we are not as concerned about Texas law because
we don't have a red flag law, but we are
concerned about whether or not our law enforcement officers could
be compelled to enforce a red flag law or a
state that recognized the state's red flag law, if we
had any other incidents of that happening here in Texas
(03:36):
or is this the only one that we know about.
Speaker 3 (03:39):
Well, it's the only one I got to hear about
in my committee. But where there is one, you have
to imagine that there are others. And the shocking thing
is this young woman who had a young child, she
didn't have the ability to even have due process. She
didn't have a hearing. There were no lawyers or judges involved.
It was just simply a group of federal bureaucrats that
(04:01):
made the decision.
Speaker 1 (04:02):
I mean, it's shocking for that that is that is scary.
So what are the chances of this bill getting through
the state legislature, especially this year? Getting kind of late
in the game, isn't it.
Speaker 2 (04:12):
Yes, sorry, it is getting late in the game.
Speaker 3 (04:14):
The last day for what's called second reading, the first
time a bill comes to the floor, is two days
from now. We have a We have bills that are
piled up. The Democrats are chubbing, meaning they're delaying as
much as possible to prevent more conservative bills from coming
to the floor. I think we're going to hear this
bill either today or tomorrow, but it's coming up quickly.
Speaker 2 (04:34):
And say your prayers.
Speaker 1 (04:35):
I will indeed, and thank you for your time. Representative
sure to appreciate it. That is Mitch Little
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