Texas 2023 - 88th Regular

Texas House Bill HB3271

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the seizure of firearms during the emergency detention of certain persons who may have a mental illness.

Impact

The implications of HB 3271 extend to individuals undergoing emergency detention due to mental health issues, ensuring that firearms are not accessible during critical periods. The bill is designed to mitigate risks of suicides and homicides by limiting the access to firearms for individuals who are in a vulnerable state. Importantly, it includes provisions for the eventual return of firearms, ensuring that the measure is not a permanent deprivation but rather a temporary safety measure. This aligns with ongoing discussions about balancing individual rights with community safety.

Summary

House Bill 3271, introduced by Representative Reynolds, seeks to amend the current laws regarding the seizure of firearms during the emergency detention of individuals who may have a mental illness. The bill specifically transforms the current discretionary powers of peace officers into mandatory actions, requiring them to seize any firearms found in the possession of individuals who are detained under these circumstances. By making this change, the bill aims to enhance public safety and prevent potential harms associated with firearms and mental health crises.

Sentiment

There is a notable division in sentiment regarding House Bill 3271. Supporters advocate for the bill as a necessary measure to protect communities, emphasizing that during a mental health crisis, the availability of firearms poses significant risks. Opponents, however, raise concerns that the removal of officer discretion may lead to overreach and the potential for misuse of power by law enforcement. This tension highlights the broader societal debate over how best to ensure safety without infringing upon individual rights and liberties.

Contention

Critics argue that by mandating firearm seizure, the bill removes valuable discretion from law enforcement officers, potentially leading to unintended consequences and conflicts during emergency detentions. The discussion surrounding this bill reflects deeper anxieties around gun rights, mental health, and public safety, making it a contentious topic within legislative discussions. Ultimately, the bill represents an attempt to navigate these complex issues while prioritizing community well-being.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 573. Emergency Detention
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 18. Search Warrants
    • Section: 191

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.