Texas Senate Bill SB1719

Texas 2017 - 85th Regular

Caption

Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.

Impact

The enactment of SB1719 would alter the existing legal landscape surrounding trespass laws in Texas. By codifying an explicit defense for licensed individuals, the bill reinforces the rights of gun owners while simultaneously offering clarity in legal proceedings. The law aims to reduce ambiguity for both property owners and firearm license holders regarding their responsibilities and rights when a trespassing situation arises. As a result, it could encourage compliance among licensed handgun holders when informed by property owners, thereby facilitating better interactions between these parties.

Summary

Senate Bill 1719 seeks to amend the Penal Code regarding trespass offenses for individuals carrying handguns. The primary objective of this legislation is to establish a legal defense for licensed handgun holders who have been given oral notice to leave a property and do so promptly. Specifically, the bill introduces an amendment to sections 30.06 and 30.07 of the Penal Code, effectively providing legal protection to those who leave a property when notified, potentially reducing wrongful prosecutions in such situations.

Contention

While supporters of SB1719 argue that it upholds the rights of lawful gun owners and provides a necessary defense against potential misuse of trespass laws, critics may contend that the bill could inadvertently encourage confrontations between property owners and armed individuals. There is concern that allowing a defense in such cases might lead to increased tensions in property disputes or create scenarios where individuals misinterpret warnings. The debate surrounding this bill reflects broader discussions about gun rights, personal safety, and property rights in society.