Texas House Bill HB693

Texas 2021 - 87th Regular

Caption

Relating to the prosecution of the offense of making a firearm accessible to a child; increasing a criminal penalty.

Impact

The changes proposed in HB 693 significantly raise the stakes for those responsible for firearms falling into the hands of children. Under the new provisions, a Class C misdemeanor will be charged for negligent accessibility, which escalates to a Class A misdemeanor if a child discharges the firearm and causes serious bodily injury or death to themselves or others who reside with them. Furthermore, if a child causes harm to someone outside their household, the offense jumps to a felony of the third degree. This restructuring of penalties reflects a strong intent to promote vigilance among gun owners regarding firearm storage and accessibility.

Summary

House Bill 693 aims to address the issue of firearm accessibility by children, specifically increasing criminal penalties for making firearms accessible to minors. The bill amends existing laws within the Penal Code to redefine 'child' as any individual under the age of 18 and clarifies various scenarios in which a child's access to firearms may be permissible. Notably, it introduces exceptions that allow minors to access firearms for lawful purposes like hunting, provided that such access is authorized by a parent or guardian.

Enactment

If passed, HB 693 would take effect on September 1, 2021, applying only to offenses committed after that date. Offenses prior to the effective date would still be governed by existing laws at that time, thereby ensuring that individuals are not retroactively penalized under the new legislative framework.

Contention

While proponents argue that these changes are necessary for enhancing child safety and reducing accidental shootings, opponents may raise concerns regarding the implications of harsher penalties. Some advocates for gun rights worry that the bill's definition of accessibility could unfairly penalize responsible gun owners who might inadvertently allow minors access to firearms in specific scenarios. The balance between maintaining personal rights and ensuring public safety remains a point of contention among lawmakers and advocacy groups.