Texas Senate Bill SB168

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to the acquisition or attempted acquisition of a firearm by a person prohibited from possessing a firearm; creating a criminal offense.

Impact

The bill's implications for state laws are significant, as it expands the definitions of prohibited actions related to firearm acquisition. Individuals who attempt to purchase firearms under these conditions may face criminal charges, classified as Class A misdemeanors or state jail felonies depending on the specific circumstances of the offense. This change is expected to bolster enforcement measures by establishing clearer legal boundaries for firearms dealers and consumers alike, as well as increasing accountability in the process.

Summary

Senate Bill 168 introduces amendments to existing laws regarding the acquisition or attempted acquisition of firearms by individuals who are prohibited from possessing them. The bill aims to tighten regulations surrounding firearms, specifically targeting individuals under legal restrictions such as felony convictions, protective orders, or mental health statures. By creating new criminal offenses for failing to comply with these regulations, SB168 seeks to enhance public safety and reduce illegal firearm access among at-risk individuals.

Sentiment

General sentiment surrounding SB168 appears to be supportive among advocates of gun control measures, who view it as a necessary step towards ensuring public safety. Proponents argue that the bill will help safeguard communities against potential violence by restricting firearm access to individuals who have demonstrated unsafe behavior or have serious legal impediments. However, there are concerns from gun rights advocates who may oppose such measures as overreach or a violation of second amendment rights, claiming it could lead to undue scrutiny of law-abiding citizens.

Contention

Notable points of contention regarding SB168 focus on the balance between individual rights and community safety. Opponents of the bill are likely to argue that stricter regulations might inadvertently result in penalizing individuals without due cause, highlighting the potential for false positives in background checks or the risk of criminalizing behavior that does not necessarily lead to violence. The debate thus centers around finding the right approach to achieving public safety without infringing on individual rights.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: 06

Government Code

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