Texas 2025 - 89th Regular

Texas House Bill HB865

Filed
11/12/24  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil liability arising from a firearm hold agreement.

Impact

The implementation of HB 865 would significantly affect how civil liability is treated in the context of firearm transactions. By providing legal immunity to federal firearms licensees operating lawfully, the bill aims to reduce the potential legal risks they face when holding firearms. However, this immunity does not cover unlawful conduct or gross negligence, thereby maintaining a degree of accountability for licensees. Overall, the bill is expected to encourage firearms businesses to offer hold agreements without the fear of potential lawsuits, aligning with broader pro-gun legislative efforts.

Summary

House Bill 865 pertains to civil liability associated with firearm hold agreements, which are private transactions between federal firearms licensees and firearm owners. The bill proposes to amend the Civil Practice and Remedies Code, specifically establishing immunity from liability for federal firearms licensees who hold firearms at the request of owners. This provision is intended to create clear legal protections for licensees in scenarios where personal injury or death might occur as a result of actions taken in accordance with these agreements.

Sentiment

General sentiment around HB 865 appears to lean positively among firearm owners and licensees. Supporters suggest that the bill facilitates responsible firearm ownership and management, reducing legal barriers for businesses in the firearms sector. However, there may be concern among advocacy groups focused on gun safety regarding the implications of granting immunity to licensees, potentially leading to a less stringent approach to accountability in firearm-related injuries or incidents.

Contention

Notable points of contention surrounding HB 865 include the balance between protecting businesses and ensuring public safety. Critics of similar legislation may argue that enhancing immunity for licensees could complicate accountability in cases of firearm misuse or accidents, particularly if gross negligence is involved. The dialogue centers around whether such immunities can inadvertently lead to harm by diminishing the responsibility of those who handle firearms, drawing into question the adequacy of existing legal frameworks governing firearm transactions.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 128. Limitation On Suits Against Sport Shooting Range Or Firearms Or Ammunition Manufacturer, Trade Association, Or Seller
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB1217

Same As Relating to civil liability arising from a firearm hold agreement.

TX SB1326

Identical Relating to civil liability arising from a firearm hold agreement.

Similar Bills

No similar bills found.