Texas House Bill HB3812

Texas 2019 - 86th Regular

Caption

Relating to the reporting, maintenance, and use of certain misdemeanor conviction information for purposes of the databases used in a federal firearm background check.

Impact

The implications of HB 3812 extend into state law by mandating that court clerks promptly forward conviction details to the appropriate state departments within a specified timeframe. This ensures that relevant conviction information is kept up-to-date within the databases used for firearm background checks. Critics argue that while the bill enhances background check procedures, it may inadvertently stigmatize individuals with misdemeanor convictions, especially those related to family violence, affecting their reintegration into society post-conviction.

Summary

House Bill 3812 seeks to address the maintenance and reporting of specific misdemeanor conviction information as it relates to federal firearm background checks. The bill amends sections of the Government Code to redefine and expand the definitions regarding individuals with family violence misdemeanors and how their conviction information is processed and reported. This change is aimed at improving the accuracy and completeness of records pertinent to firearm eligibility checks, directly impacting the rights of individuals with certain misdemeanor convictions when it comes to firearms ownership.

Contention

Notably, the bill has been contentious among legislators and advocacy groups who debate the balance between public safety and the rights of those with criminal records. Proponents assert that this measure is necessary to prevent individuals who pose a risk due to past violent behavior from acquiring firearms, emphasizing the importance of public safety. Conversely, opponents are concerned about the potential for overreach and the treatment of individuals who have already served their sentences, particularly questioning the fairness of restricting firearm access to those with family violence misdemeanors without addressing rehabilitation and the possibility of record expungement.