Texas Senate Bill SB1704

Texas 2017 - 85th Regular

Caption

Relating to the eligibility requirements for a license to carry a handgun.

Impact

The introduction of SB1704 may have extensive implications for state laws regarding firearm possession and public safety. By permitting individuals facing criminal charges to potentially retain their handgun licenses, the bill raises essential questions about the balance between personal rights and community safety. Courts would need to consider not only the nature of the charges but also the broader implications of allowing individuals with such charges to possess firearms, ultimately impacting how the state's legal system interprets eligibility with respect to gun rights.

Summary

SB1704 relates to the eligibility requirements for obtaining a license to carry a handgun in Texas. The bill proposes significant amendments to the Code of Criminal Procedure and the Government Code, allowing defendants with pending criminal charges the opportunity to petition for a court order that would restore or affirm their eligibility for a handgun license, provided they meet all other requirements. This process would enable individuals to maintain or regain their ability to carry a handgun while facing certain legal circumstances, which previously may have resulted in an automatic disqualification from holding such a license.

Contention

Opponents of the bill are likely to express concern over the potential risks to public safety posed by allowing individuals with pending criminal charges to carry firearms. They might argue that the amendment undermines efforts to regulate gun ownership in the interests of preventing violent acts. Conversely, supporters may view the bill as a necessary measure to protect individual rights and ensure fair treatment in the judicial process, suggesting that individuals should not automatically lose their rights to carry a handgun without due consideration of the charges they face.