Texas House Bill HB854

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of the offense of making a firearm accessible to a child; increasing a criminal penalty.

Impact

The revisions made by HB854 are particularly significant in that they increase the penalties associated with the offense of making a firearm accessible to a child. If a child discharges a firearm and causes serious bodily injury or death to someone residing with them, the offense escalates to a Class A misdemeanor. Furthermore, if the child harms someone who is not a resident, the offense is upgraded to a felony of the third degree. These changes aim to reinforce the responsibility of firearm owners in preventing tragedies that could arise from children's unauthorized access to firearms.

Summary

House Bill 854 addresses the legal repercussions surrounding the accessibility of firearms to children, specifically amending statutes within the Texas Penal Code. The bill proposes to redefine what constitutes a child in this context, increasing the legal age from 17 to 18. It introduces adjustments to the affirmative defenses available to those accused under this section, clarifying circumstances under which children may access firearms lawfully. For example, access granted by a parent for specific lawful purposes like hunting is acknowledged as an exception.

Contention

While the goal of enhancing child safety regarding firearm access is generally supported, there are notable points of contention surrounding the implementation of HB854. Critics argue that increasing penalties without addressing underlying issues such as safe storage and education may not effectively deter negligent behavior among firearm owners. Additionally, concerns arise regarding the adequacy of the proposed defenses which may leave room for interpretations that could impact judicial outcomes in serious incidents involving children and firearms.