Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises.
The bill's passage would amend the Civil Practice and Remedies Code, specifically adding Section 95A.0002, which explicitly states that business owners cannot be held liable just for allowing license holders to carry concealed handguns. The change is significant as it addresses what many perceive to be a gap in existing laws concerning the liability of property owners in cases where firearms are involved. The proposed legislation is set to take effect on September 1, 2023, suggesting a shift toward a more lenient liability framework for businesses navigating the complexities of firearms regulations.
House Bill 356 aims to clarify the civil liability of businesses that allow licensed individuals to carry concealed handguns on their premises. Introduced by Representative Cecil Bell, the bill stipulates that business owners would not be liable solely for permitting licensed gun holders onto their properties, even if damages arise from incidents involving those weapons. This legislative move is intended to provide businesses with greater legal protections and to encourage them to allow firearms on their premises without fear of litigation related to their decision.
The general sentiment surrounding HB356 appears to be divided along typically partisan lines. Supporters, including various gun rights advocates, view the bill as a necessary protection for property owners against frivolous lawsuits that could arise from legitimate handgun carrying. They argue that business owners should not be penalized for enabling lawful activities in a safe and regulated manner. On the other hand, opponents have raised concerns regarding potential safety implications, arguing that businesses should remain liable if they allow firearms on their premises, especially in circumstances where an incident occurs.
Notable points of contention include the balance between Second Amendment rights and public safety considerations. While proponents champion the bill as a pro-gun measure that fortifies business and individual rights, critics worry that it could place vulnerable communities at risk if businesses opt to allow weapons on their premises without accountability. The legislative discussions reflect a broader national dialogue about gun rights, personal safety, and the role of businesses in regulating access to firearms.
Civil Practice And Remedies Code
Government Code
Penal Code