Texas 2023 - 88th Regular

Texas House Bill HB2960

Filed
2/28/23  
Out of House Committee
5/4/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the locations in which carrying certain weapons is prohibited and the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and associated notice requirements.

Impact

If enacted, HB 2960 would significantly impact state law by providing clarity and relief to those who may unintentionally violate weapon prohibitions due to a lack of awareness. The change would not only protect individuals from criminal liability but also align the law more closely with public expectations for equitable treatment in cases of legal misunderstanding. Supporters contend that this restoration is particularly relevant in maintaining rights related to self-defense and the responsible carrying of firearms in various environments where individuals might travel.

Summary

House Bill 2960 aims to amend the Texas Penal Code to restore the good faith exception of the savings clause to Section 46.15. This section currently outlines the locations where carrying certain weapons, particularly handguns, is prohibited. The legislation seeks to offer a defense to individuals who unknowingly carry firearms in restricted areas, protecting them from unintended legal consequences. By explicitly stating that individuals can rely on the good faith defense regarding their knowledge of weapon prohibitions, the bill is designed to promote fairness and safeguard innocent citizens traveling within the state.

Sentiment

The sentiment surrounding HB 2960 is generally supportive among gun rights advocates and lawmakers who view it as a necessary measure to balance public safety concerns with individual rights. Proponents argue that the legislation ensures that responsible gun owners are not unjustly penalized for accidental violations. However, there are concerns expressed by some law enforcement representatives and public safety advocates who fear that restoring the good faith exception could lead to challenges in enforcing weapon regulations effectively and may unintentionally encourage negligence among firearm carriers.

Contention

Key points of contention in the discussion of this bill include the adequacy of existing public signage about weapon prohibitions and whether the bill could potentially enable individuals to become less diligent in adhering to regulations if they believe they can rely on a good faith defense. The debate among committee members indicated a recognition of the importance of personal responsibility when it comes to firearm ownership, with some lawmakers stressing the need for clear communication of prohibited areas to prevent future misunderstandings. The outcome of this bill represents an ongoing conflict between upholding the rights of individuals and ensuring community safety.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 46. Weapons
    • Section: 03
    • Section: 15
    • Section: 15
    • Section: 15

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 209

Health And Safety Code

  • Chapter 241. Hospitals
    • Section: New Section
  • Chapter 242. Convalescent And Nursing Facilities And Related Institutions
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.