Governor Abbott says raising age to buy assault style rifles is unconstitutional
NORTH TEXAS (CBSDFW.COM) - During a campaign stop in North Texas, Governor Greg Abbott said recent calls for the State of Texas to raise the minimum age to 21 to buy an AR style rifle will be unsuccessful.
He pointed to several court rulings, including one last week by Federal Judge Mark Pittman in Fort Worth which said the state's age restrictions to carry a handgun violate the 2nd Amendment.
"Most recently, a federal court in Texas struck down the Texas law that banned people between the ages of 18 and 20 from buying a handgun and so it's clear the gun control law they are seeking in Uvalde as much as they may want it, it is already ruled to be unconstitutional," Abbott said.
Judge Pittman stayed his ruling for 30 days to give the State of Texas a chance to appeal.
The Governor's comments came four days after families of the victims killed at Robb Elementary School in Uvalde rallied at the Texas Capitol demanding the Governor change the state law.
The Uvalde gunman purchased two AR style rifles legally after his 18th birthday.
In response to Abbott's remarks, Democrat Beto O'Rourke tweeted late Wednesday afternoon that it is possible to increase the minimum age of purchasing an assault-style rifle.
"Yes, it is," O'Rourke said. "And thanks to the leadership of the families in Uvalde, we are going to do it."
O'Rourke has been campaigning on this issue.
After saying he would confiscate AR 15's and AK 47's three years ago when he ran for President, O'Rourke told CBS 11 at a recent campaign stop in Cleburne that there's room to compromise.
"Raise the minimum age of purchase for example of an AR 15 to at least 21-years-old, have a red flag law so if someone is threatening to use a firearm against students in a classroom, we can intervene before it's too late and implement a universal background check," O'Rourke said.
Earlier this year, a three-judge panel in the U.S. 9th Circuit Court of Appeals ruled 2-1 that California's law prohibiting 18, 19, and 20-year-old's from purchasing AR style rifles was unconstitutional.
Last year, a three-judge panel in the U.S. 4th Circuit Court of Appeals initially ruled 2-1 that 18-year-old's have the right to keep and bear arms.
But later in the year, the panel declared the case moot after the plaintiff turned 21.
Abbott stopped at Maggie Pitka's house to mark his campaign's two millionth door knock. "I wanted to give you one of these cards ok, it tells you more about me but also to ask for your vote."
Pitka told him, "No problem. You didn't even have to come for it."
On the campaign trail, Abbott points to his efforts to secure the Texas border, his plan to take at least half of the state's projected $27 billion dollar surplus and cut property taxes, and the state's booming economy.
"Under my leadership this past term in office, Texas has added far more jobs than any other state of all the states in the United States of America," Abbott said.
At his rallies, O'Rourke has said he wants to expand Medicaid, attract high-paying jobs, support teachers, and abortion rights.
In Cleburne earlier this month he said, "We're fighting for every woman in Texas to make her own decisions."
In the polls, Abbott leads O'Rourke by between five and eight percentage points.
Analysts say it's Abbott's race to lose.
Polls are one thing, but the candidates will tell you, voter turnout is everything.