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License to Kill, and Kidnap, and Rape, and Drive Drunk...

An Update on Arrests of Texas Concealed Handgun License Holders

Introduction

According to the Texas Department of Public Safety (DPS),1 Texas concealed handgun license holders2 were arrested for a total of 2,080 crimes from January 1, 1996 to December 31, 1998. Crimes for which license holders were arrested include: murder/attempted murder, kidnapping, rape/sexual assault, assault, weapon-related offenses, drug-related offenses, burglary, and theft. Texas DPS identified an additional 344 non-arrest incidents involving concealed handgun license holders including: delinquent child support, protective orders, non-payment of taxes, medical/mental diagnoses, and suicide.

In January 1998 the Violence Policy Center (VPC) released License to Kill: Arrests Involving Texas Concealed Handgun License Holders. That study analyzed the DPS' concealed handgun license holder arrest data between January 1, 1996 and October 9, 1997 and found that concealed handgun license holders had been arrested for 946 crimes subsequent to licensure. Since the VPC's 1998 study, Texas concealed handgun license holders have been arrested for more than a thousand additional crimes. This study is an update of the January 1998 report.

This follow-up study3 details arrests of concealed handgun license holders subsequent to licensure reported to the Texas Department of Public Safety. The study also offers information gathered through Violence Policy Center research on seven of these arrests: one for aggravated kidnapping and six for murder or attempted murder. The chart on page four details arrests reported to the Texas Department of Public Safety. VPC analysis of the DPS information reveals that�

  • Texas concealed handgun license holders have been arrested for nearly two crimes a day since the law went into effect.

  • Texas concealed handgun license holders have been arrested for more than one serious violent crime per month including: murder/attempted murder, kidnapping4, and rape or sexual assault since the law went into effect.

  • Texas concealed handgun license holders have been arrested for one weapon-related offense every other day since the law went into effect.

  • Family violence was identified in more than one in 20 incidents involving concealed handgun license holders.5

  • Texas concealed handgun license holders have been arrested for nearly three drunk driving offenses per week since the law went into effect.

Unlike other states, the Texas concealed handgun law contains a provision that requires some reporting of incidents involving concealed handgun license holders. Information reported to DPS is very limited6 and it is therefore extremely difficult to obtain the full set of facts surrounding each incident. In fact, beyond recording demographics of the arrest, little is known about the actual crimes. Using outside resources, such as newspaper accounts, law enforcement reports, and public data on criminal records, the VPC was able to obtain additional information on seven of the 2,080 arrests reported by the DPS.

Incidents involving concealed handgun license holders include:

  • 15 charges of murder or attempted murder

  • 6 alleged kidnapping/false imprisonment incidents

  • 28 arrests for rape/sexual assault

  • 103 cases of alleged assault/aggravated assault with a deadly weapon

  • 442 individuals charged with driving while intoxicated

  • 30 arrests for indecency with children

  • 140 alleged drug-related incidents

  • 70 individuals charged with sexual misconduct

  • 18 allegations of trespassing/criminal trespassing

  • 6 arrests for arson

  • 13 cases involving mental instability

  • 5 incidents of suicide or attempted suicide

1 The Department of Public Safety (DPS) is responsible for administering and reviewing concealed handgun license applications, providing statistical data on concealed handgun license holders, and directing the application and training process for the certified handgun instructors.

2 As of December 31, 1998, there were 183,753 individuals with active concealed handgun licenses�1.4 percent of the state's 1997 adult population aged 21 and older (12,971,226 according to the U.S. Census Bureau in 1997, the most recent year available).

3 In February 1999, the Violence Policy Center (VPC) acquired a list of arrest incidents involving Texas concealed handgun license holders from the DPS. These records list incidents from January 1, 1996 to December 31, 1998 involving concealed handgun license holders.

4 Includes one arrest for false imprisonment.

5 There were 222 incidents involving concealed handgun license holders in which DPS could not identify whether or not family violence occurred.

6 The Texas law's broad confidentiality provision severely limits the department's ability to disclose virtually any information about concealed handgun license holders to the public. The law stipulates that the department may only identify whether an individual currently possesses a license. No information is provided about prior criminal histories, reasons for denial, suspension, or revocation�including crimes committed after licensure. The department does provide a list of arrest incidents involving license holders, but the only identifiers provided by the department are each licensee's date of birth, sex, race, zip code of residence, incident date, arrest text description, and whether the incident involved family violence. The department may not disclose the name of the arrested licensee. Occasionally, news articles covering high-profile incidents will note whether the suspect has a concealed handgun license, but otherwise the public is not alerted to alleged crimes involving license holders. The law's confidentiality provision�which in effect makes concealed handgun license holders a protected, privileged class�makes it extremely difficult to identify flaws in the law and the threat posed by license holders.

Go to next section: Arrests of Concealed Handgun License Holders in Texas, January 1, 1996 to December 31, 1998

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The Violence Policy Center is a national non-profit educational organization that conducts research on violence in America and works to develop violence-reduction policies and proposals. The Center examines the role of firearms in America, conducts research on firearms violence, and explores new ways to decrease firearm-related death and injury.






All contents � 1999 Violence Policy Center