Texas 2019 - 86th Regular

Texas House Bill HB3191

Caption

Relating to requiring a person who is the subject of a family violence protective order or arrested for or charged with an offense involving family violence to surrender firearms owned by the person.

Impact

The implementation of HB 3191 is expected to significantly alter state laws concerning the handling of firearms in the context of family violence. Specifically, it establishes the requirement for county commissioners to create task forces aimed at developing guidelines and best practices for the surrender, receipt, and storage of firearms. This legislative change is likely to harmonize local practices with state-level laws, ensuring a consistent approach across counties. Additionally, courts may require defendants to surrender their firearms conditionally upon receiving protective orders, thus reinforcing protective measures in family violence cases.

Summary

House Bill 3191 addresses the critical issue of firearms in domestic violence situations by mandating individuals subject to a family violence protective order or those arrested for family violence offenses to surrender their firearms. The bill seeks to enhance public safety by ensuring that individuals with a history of family violence do not have access to firearms, thereby reducing the risk of further violence and potential fatalities. This approach is designed to prioritize the safety of victims while supporting their rights and those of law enforcement in enforcing these protective measures.

Conclusion

Overall, House Bill 3191 represents a significant legislative effort to tackle the intersection of family violence and gun violence in Texas. By laying the groundwork for effective firearm management in domestic violence cases, the bill aims to enhance the protection of victims, thereby addressing a critical issue while navigating the complexities of individual rights and public safety.

Contention

While supporters argue that HB 3191 addresses an urgent public safety concern by preventing firearms from falling into the hands of potentially dangerous individuals, opponents may perceive the bill as infringing upon Second Amendment rights. There is a potential for debate regarding the balance between protecting victims of domestic violence and ensuring individuals' rights to bear arms. One notable point of contention is how the bill will affect individuals who are falsely accused of domestic violence, as they may be required to surrender their firearms without due process.

Companion Bills

No companion bills found.

Previously Filed As

TX HB735

Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a family violence protective order to surrender firearms owned by the person.

TX HB1479

Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.

TX HB60

Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.

TX HB4336

Relating to the prohibition of a person who is the subject of a family violence protective order or arrested for or charged with an offense involving family violence to surrender firearms owned by the person.

TX HB847

Relating to the storage of firearms surrendered by a person subject to a magistrate's order for emergency protection or protective order as a result of family violence, sexual assault or abuse, stalking, or trafficking of persons.

TX HB3035

Relating to the release on bail of a defendant charged with stalking or an offense involving family violence.

TX HB3256

Relating to conditions of release on bond for a felony offense involving family violence.

TX HB1398

Relating to extreme risk protective orders; creating criminal offenses.

TX HB3057

Relating to extreme risk protective orders; creating criminal offenses.

TX SB529

Relating to extreme risk protective orders; creating criminal offenses.

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