Texas House Bill HB4887

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to gun storage and safety measures; creating a criminal offense; increasing a criminal penalty.

Impact

The new amendment to the Penal Code aims to increase accountability among firearm owners and promote safer gun storage practices, particularly in households with children. By imposing legal obligations on firearm owners to report stolen firearms within a set timeframe, the bill seeks to reduce incidents of firearms being lost or stolen, which can contribute to gun violence and accidents. The law will create a clear legal framework that addresses the responsibilities of gun owners when it comes to gun safety and theft reporting, likely resulting in a more cautious approach to firearm ownership.

Summary

House Bill 4887 proposes to enhance gun storage and safety measures in Texas, specifically targeting the storage of firearms in a manner that prevents access by children. The bill establishes a new criminal offense for failing to secure a readily dischargeable firearm when a child gains access to it, potentially leading to severe consequences including felony charges if the firearm is discharged and causes injury. The bill also outlines the responsibilities of firearm dealers, requiring them to post conspicuous warnings about the risks associated with unsecured firearms around children.

Sentiment

Discussions surrounding HB 4887 reflect a mixture of support and apprehension. Advocates for the bill argue that it is vital for protecting children and enhancing public safety by addressing a growing concern regarding accidental shootings involving firearms. However, there are dissenting voices who view the bill as an overreach that places undue burdens on law-abiding firearm owners. Some concerns have been expressed regarding the potential for criminal penalties to disproportionately affect individuals who may not have the means to secure firearms, thus raising questions about equity and fairness in the enforcement of such measures.

Contention

Notable points of contention surrounding HB 4887 include the balancing act between promoting firearm safety and protecting the rights of gun owners. Critics of the bill argue that it could be viewed as punitive rather than preventive, especially regarding the criminalization of failure to report theft. The debate highlights a fundamental tension in gun legislation—while safety measures are critical, enforcing these rules without alienating responsible gun owners is equally important. Supporters argue that the bill is necessary for public safety, while opponents caution that it may inadvertently lead to negative outcomes.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: New Section