Why the loophole the West Texas shooter used to buy a gun is unlikely to be closed any time soon

A loophole used by a Texas gunman to obtain an assault-style rifle, after failing a background check in 2014, seems unlikely to be closed any time soon despite new measures introduced by Texas Gov.Greg Abbott aimed at preventing more mass shootings in the state.

On Sept. 5, Abbott,an avid gun-rights supporter, released a series of eight executive ordersthatfocus on closing "information gaps"and strengtheningreporting channels used by citizens or police agencies who are concerned a person could commit a mass shooting.

The orders came days after Seth Ator, 36, opened fire during a routine traffic stopin Midland on Aug. 31 and took off on a 16-kilometre rampage, killing seven people and injuring 22 others, before police shot and killed him outside a movie theatre in Odessa.

Critics, including Texas-based Democratic presidential candidate Beto O'Rourke, were quick to point out that Abbott's executive action plan failed to address key issues with the state's gun laws.

Ator reportedly purchased his AR-style rifle in a private sale.

Under federal law, licensed gun dealers are required to conduct criminal background checks to identify prospective buyers who are legally prohibitedfrom owning guns. In Ator's case, he was prohibitedfrom purchasing a firearm because of a mental illnessdiagnosis, mediareported.But in states like Texas, individuals can avoid these checks by purchasing firearms through private sales, online or at gun shows.

None of the governor's executive orders mentionsthe loophole.

As Gyl Switzer, executive director of thefirearm-safetygroup Texas Gun Sense, put it: In Texas, she could "sell you a gun right across [her] dining room table."

Lawmakers in both the U.S. federal government and Texas state legislature have the authority to close the loophole. But James Henson, director of the Texas Politics Project at the University of Texas in Austin, says it is "very unlikely" that either body will do soany time soon.

Mixed message

U.S. President Donald Trump weighed in on the tragedy on Sept. 1, saying he wanted to move quickly on gun violence legislation.But only onedayafter making those comments, severalads appeared on the president's official Facebook page defendingthe Second Amendment and warning Americans thatDemocrats aretrying to take away their firearms.

"Democrats have finally admitted what they truly want: a repeal of the Second Amendment," reads one version of the ad, the Washington Post reported.

This is not the first time Trump has been vocal about wanting to strengthen gun laws. He said he was in favour of "very, very strong background checks" following the back-to-back shootings last monthin El Paso, Texas, and Dayton, Ohio. But it wasn't long before he shifted his focus from gun controltothe role of mental health.

Republican Senate majority leader Mitch McConnell said lastTuesday he won't put forward any kind ofgun-controlbill on the Senate floor unless Trump first says he would sign it into law.

"If the president is in favour of a number of things that he has discussed openly and publicly, and I know that if we pass it, it will become law, I'll put it on the floor," McConnell said.

McConnell has been a major obstaclefor the Democratic-led House of Representatives,blockingalmost every piece of legislation passed by Democrats, including gun regulations with bipartisan support.

Watch: The National on'Trump promises background checks, but has history of waffling on gun control'

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The mother of a Parkland shooting victim has renewed her criticism of Trumps position on gun control, saying he promises action but takes none, as the U.S. president promises background checks.

Henson said Trump's contradictory actionsare similar to those of many lawmakers inTexas's Senate and House of Representatives, which are both controlled by Republicans.

"There's not a lot of appetite to take measures which will rile up people for whom gun ownership is a primary issue."

Following the mass shooting in West Texas,63 of the 66 Texas House Democrats signed a letter calling for a special legislative sessionto address gun violence in the state.

Texas Gov. Greg Abbott saidduring a news conference on Sept. 1that "words must be followed by meaningful action" to prevent more mass shootings. However, he has yet to calllawmakers back to the legislature.

The state's legislature, which convenes for a 140-dayregular legislative session every two years,won't meet again until 2021.This means any new gun-control legislationwould be at least two years away, unless the governor were to take the rare step of ordering an emergency legislative session.

Although Abbott did not explicitly rule out calling a special session, his office criticized the idea of rushing ahead with votes.

"Governor Abbott made it clear in Odessa that all strategies are on the table that will lead to laws that make Texans safer. But that doesn't include a helter-skelter approach that hastily calls for perfunctory votes that divide legislators along party lines," said Abbott's spokesperson, John Wittman.

However, Lt.-Gov. Dan Patrick, a Republican, told the Dallas Morning Newson Sept. 7 that he will press the state's lawmakers to close theloophole in gun-buyer background checks.

Patrick said he would protect check-free gun transfers between family members and friends, but acknowledged this could beabused.

"People don't understand why we allow strangers to sell guns to total strangers when they have no idea if the person they're selling the gun to could be a felon ... or someone who has serious mental issues."

Patrick does not have the authority to call the state's legislatureback before 2021 and avoided questions about whether Abbott will do so.

'God-given right'

While one Republican lawmaker was voicing support for closing the loophole, another was dismissingallattempts to tighten any gun laws.

Matt Schaefer, who is a member of the Texas House of Representatives, said he was not going to let the "evil acts of a handful of people" diminish the "God-given right" of his fellow Texans to own a gun.

The District 6 representative said in a series of tweets that he opposes any type of gun control, despite elected officials often hearing demands to "Do something!"

"I say NO to 'red flag' pre-crime laws. NO to universal background checks. NO to bans on AR-15s, or high capacity magazines. NO to mandatory gun buybacks," he tweeted.

Gyl SwitzersaidSchaefer needsto be held accountable for his"obstructionist babble."

"This latest highly public mass shooting reinforces the urgent need for our state leaders to take comprehensive action. Now," Texas Gun Sense sayson its website.

However, it's even more important that thefederal government passlegislation requiring universal background checks on all firearmpurchasesto plug theprivate sales loophole, Switzer said.

State-specific checks aren'tstrong enough, she said, because a person can simply buy a gun in a neighbouringstatethat has less-stringent controls.

Bordering statesLouisiana,Oklahoma andArkansas all have similargun controls to Texas and do not require background checks on private sales,according to national advocacy groupEverytown for Gun Safety.

Texas also lacks legal penalties if a person lieson their background check form when trying to purchase a gun, Switzer said.