Texas Senate Bill SB283

Texas 2021 - 87th Regular

Caption

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.

Impact

The implications of SB283 are significant, as it actively seeks to mitigate risks associated with domestic violence by preventing individuals with violent histories from having access to firearms. This change aims to align state laws with best practices in public safety and domestic abuse prevention. It applies specifically to individuals convicted on or after January 1, 2022, ensuring that the law primarily targets individuals who pose a recent risk. By enacting this law, Texas joins other states implementing similar measures, further contributing to the national dialogue on gun control and safety regulations regarding firearms ownership.

Summary

Senate Bill 283 mandates the surrender of firearms for individuals convicted of offenses involving family violence or those under a family violence protective order. The bill supplements the Texas Code of Criminal Procedure by adding provisions that outline the circumstances under which an individual must surrender their firearms. This includes situations after a conviction for family violence, issuance of a protective order, or a magistrate's order for emergency protection. The individual is given a strict timeframe to surrender their firearms to law enforcement or a licensed dealer, thereby reinforcing measures to enhance public safety for potential victims of domestic violence.

Contention

Debate around SB283 may stem from differing views on gun rights versus public safety. Proponents of the bill argue that it is a necessary step in protecting victims of domestic violence, asserting that individuals with violent pasts should not have access to firearms. Opponents, however, may view this as an infringement on Second Amendment rights and raise concerns about the implications of such laws on law-abiding citizens. The processes for surrendering firearms and potential repercussions for noncompliance may also lead to discussions about judicial discretion and individual freedoms, highlighting the balance lawmakers must strike between safety and rights.