Texas Senate Bill SB1658

Texas 2025 - 89th Regular

• Filed: 2/26/25

Caption

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

Impact

The bill imposes stronger regulations on the transfer of firearms, mandating national instant criminal background checks for private transfers and increasing criminal penalties for violations related to firearm possession and transfers. Specifically, it creates offenses for the unlawful possession of assault weapons and outlines stringent criteria for issuing protective orders, enhancing the authority of courts to restrict firearm access for individuals deemed a danger to themselves or others. These changes represent a significant shift in state firearm legislation, potentially affecting numerous existing laws regarding firearm sales and possession.

Summary

SB1658, known as the Robb Elementary Firearm Safety Act, addresses the regulation of certain firearm transfers, the possession of specific firearms, and protective orders that prohibit firearm possession. The bill aims to enact comprehensive safety measures in response to the increasing prevalence of firearm violence in Texas, particularly in the wake of tragic events such as the Robb Elementary School shooting. It seeks to establish evidence-based firearm safety laws intended to reduce the incidents of gun-related violence and fatalities among residents, especially children.

Contention

Notable points of contention surround the implementation of the bill, particularly from gun rights advocates who argue it undermines the Second Amendment and places undue restrictions on law-abiding citizens. Critics of the bill express concerns about the potential for overreach in enforcing protective orders, as well as the implications for personal liberties. Conversely, proponents argue that the measures are necessary to prevent further tragedies and protect public safety, emphasizing the bill's role in fostering a more secure environment for all Texans.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: New Section

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section