Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.
Impact
The enactment of HB 3938 will directly affect the Code of Criminal Procedure in Texas, adding a new chapter that outlines the responsibilities of individuals who are banned from owning firearms. By requiring the disposal of firearms in a specified timeframe, the bill aims to create a more robust legal framework for managing firearm possession in the context of family violence and other felony convictions. Given the potential for reduced firearm-related violence, particularly in situations involving domestic abuse, supporters believe this legislation will enhance public safety and contribute to better community protections.
Summary
House Bill 3938 aims to strengthen laws regarding the disposal of firearms owned by individuals who are prohibited from possessing them. The bill introduces a requirement for individuals convicted of felony offenses or misdemeanors involving family violence, as well as those subject to protective orders, to dispose of their firearms promptly. Specifically, it mandates that upon such convictions or issuance of protective orders, these individuals receive written notice and must dispose of their firearms within ten days. This initiative reflects an effort to improve safety and reduce the risks associated with firearm access among prohibited individuals.
Sentiment
The sentiment surrounding the bill is generally positive among lawmakers and advocacy groups focused on violence prevention. Those in support argue that it addresses an important public safety concern by limiting access to firearms by individuals with a history of violence. Conversely, there could be concerns regarding the enforcement of such mandates and the potential implications for rights regarding firearm ownership. However, the consensus suggests that the benefits of enhanced safety protocols can significantly outweigh individual rights in this context.
Contention
Notable points of contention relate to the balance between public safety and individual rights. Critics may argue that while the intention behind the bill is commendable, its implementation could inadvertently lead to complications regarding legal rights or potential infringements on freedoms related to firearm ownership. Additionally, there may be concerns about how these provisions will be monitored and enforced, especially concerning individuals who do not comply with the disposal requirements. Nonetheless, proponents maintain that the bill is essential for protecting vulnerable individuals and communities from the dangers posed by firearms in the hands of those who are prohibited from possessing them.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 7. Proceedings Before Magistrates To Prevent Offenses
Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.
Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.
Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.
Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.
Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.