As Domestic Violence continues to plague Texas, local groups attempt to keep weapons away from abusers.
In the first two months of 2025, the Dallas Domestic Violence Dashboard reports that there are 1,899 cases of family violence and 1,235 cases of Intimate Partner Violence. According to the Texas Council on Family Violence’ 2023 report, there were 179 female fatal victims of Domestic Violence. Over 70% of those fatalities were a result of gun violence.
Ownership of a weapon increases the chances of homicide by 500%. While Texas does not allow abusers who are under a restraining order or facing criminal conviction to own a gun, loosened restrictions around guns overall don’t effectively keep abusers at bay.
This results in victims like Mariah Gardner. Gardner was divorced from her husband for five months when her ex-husband shot her seven times, stabbing her two children as well. Additionally, there’s the case of Zackey Rahimi, who wasn’t supposed to have guns in his custody at all. A protective order against him was put in place after he knocked his girlfriend to the ground and slammed her head into a car dashboard. Despite him being barred from having guns, when police executed a search warrant against Rahimi they found several guns in his home.
“ While the protective order was in effect, police say Rahimi – who they described as a drug dealer — allegedly shot into the air after his friend’s credit card was declined at a Whataburger,” KERA news stated. “He also was accused of shooting at another driver after a car accident, and three other incidents in which he fired a gun.”
In Domestic Violence, a few people slipping through the cracks is not a mild issue. It feeds into an ever growing epidemic. So, what can be done to circumvent this epidemic? Red flag laws.
Red flag laws, aka Extreme Risk Protection Order Laws, allow courts to temporarily take firearms from people who are considered a threat to themselves or to others (i.e. abusers). While Texas does not operate under a red flag law, the state is allowed to remove guns from the custody of people with domestic violence orders against them. While red flag laws have not been implemented, there are already efforts to prevent one from being enacted. Republican representative from Deer Park, Rep. Briscoe Cain filed House Bill 162, legislation which would ban both counties and law enforcement from taking firearms from people with extreme risk protection orders placed against them.
The law does make an effort to prevent abusers from having access to firearms, but, as the Texas Tribune states, enforcement is dependent on the county. For instance, restriction of firearms mainly applies to people convicted of class A misdemeanor assault (intentionally, knowingly, recklessly causing bodily harm to a family member or spouse/former spouse). Giffords Law Center, which works to prevent gun violence states that there is a hole in this law.
“Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or lived with the victim; and it does not apply to people convicted of threatening a family or household member with imminent violent injury,” the Giffords Law Center states. “Additionally, people convicted of qualifying domestic violence misdemeanors are only prohibited from accessing firearms for five years after their release from confinement or community supervision.”
Despite the resistance, Texas Democrats are continuing to put forth an effort to implement legislation that will protect abuse victims from these legal loopholes. According to the Texas Tribune, dozens of prospective bills are being put up, one of which being House Bill 1824. Written by Rhetta Bowers, the bill would offer enhanced tracking to protect abuse victims. As the Texas Tribune points out, the bill would also make it easier for Texas to track those who have been convicted of domestic violence. House Bill 857 by El Paso Rep. Joe Moody which would require people who have been convicted of an act of familial violence must turn in their firearm, requiring an affidavit informing police of where the guns are going if their case goes to trial.
Julia Weber, an attorney and social worker based in California who worked on Senate Bill 320, a California law that required proof and review of compliance, similar to Texas’ House Bill 857. According to Weber, the legal follow up worked, with a rise in compliance with the law. Weber also states that federal intervention can, in her opinion, help regulate gun violence.
As legislation continues to be debated between Democrats and Republicans, in the crosshairs are the victims themselves. Molly Voyles, the public policy director of Texas Council on Family Violence, states that if the state doesn’t act, survivors could become fatalities.
“They are survivors today,” Voyles told Texas Standard. “If we do not act, it could be a fatality tomorrow.”
