Texas Senate Bill SB1712

Texas 2025 - 89th Regular

• Filed: 2/27/25

Caption

Relating to gun storage; creating an offense.

Impact

This bill modifies Section 46.13 of the Penal Code by establishing that individuals can face criminal liabilities if they do not take adequate measures to secure a 'readily dischargeable firearm.' The redefinition of terms like 'young adult' highlights a shift in focus from protecting children alone to encompassing a broader range of individuals, which raises implications for gun owners and their responsibilities. Should a young adult gain access to a firearm due to negligence on the owner's part, it constitutes an offense, though there are specified defenses against such charges.

Summary

SB1712 seeks to amend existing law concerning the accessibility of firearms to individuals under the age of 21, referred to in the bill as 'young adults.' The bill specifically addresses the issue of how firearms should be secured to prevent unauthorized access, particularly emphasizing the need to prevent access by those who are not legally allowed to wield a firearm. Proponents of the bill argue that its enactment is crucial for enhancing public safety and preventing possible tragedies resulting from firearm negligence among young users.

Contention

Opposition may arise regarding the potential classification of offenses as either Class C or Class A misdemeanors depending on the resulting consequences of a young adult gaining access to a firearm. Critics argue that the classifications could lead to disproportionate penalization of firearm owners without adequate support and education on responsible gun ownership. Additionally, concerns include the burden of liability placed on firearm owners and the implications of the bill on community self-defense rights.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: 13