Texas 2023 - 88th Regular

Texas Senate Bill SB405

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

Caption

Relating to the reporting of lost or stolen firearms; creating a criminal offense.

Impact

If enacted, SB 405 would amend both the Government Code and the Penal Code. Specifically, it adds a new section requiring peace officers to report any firearm loss or theft claims they receive to the Texas Department of Public Safety (DPS), which will consequently relay this information to the National Crime Information Center. The introduction of such a reporting obligation seeks to create a more systematic approach to firearm losses and thefts, aiming to decrease the likelihood of firearms being used in criminal activities without proper oversight.

Summary

Senate Bill 405, introduced by Senator Eckhardt, is a legislative measure aimed at enhancing the accountability of firearm owners by mandating the reporting of lost or stolen firearms to law enforcement. The bill introduces a new requirement under which firearm owners must report the loss or theft of their firearms within 24 hours of becoming aware of the incident. Noncompliance would result in a criminal offense, categorized as a Class C misdemeanor, which escalates to a Class B misdemeanor for repeat offenders. The intention behind this bill is to improve the tracking of firearms that are lost or stolen, thereby aiding in crime prevention efforts.

Sentiment

The sentiment surrounding SB 405 appears to be mixed, with varying reactions from different stakeholders. Proponents of the bill argue that it promotes public safety and responsible gun ownership by encouraging owners to be accountable for their firearms. Conversely, critics express concerns about the implications of mandatory reporting on law-abiding gun owners, fearing it could be seen as an infringement on personal rights and privacy. This division reflects broader debates on gun control and the responsibilities of firearm owners in Texas.

Contention

The bill has sparked notable contention among legislators and advocacy groups, particularly regarding the balance between regulation and personal liberties. Supporters assert that requiring prompt reporting of lost or stolen firearms is a necessary step to combat gun violence, while detractors voice worries about potential penalties for unintentional noncompliance. The introduction of criminal charges for failure to report may disproportionately affect responsible gun owners who may have difficulty meeting the 24-hour deadline due to various circumstances.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: New Section

Penal Code

  • Chapter 46. Weapons
    • Section: New Section

Companion Bills

TX HB2653

Similar To Relating to the reporting of lost or stolen firearms; creating a criminal offense.

TX HB2434

Identical Relating to the reporting of lost or stolen firearms; creating a criminal offense.

Previously Filed As

TX HB547

Relating to the reporting of lost or stolen firearms; creating a criminal offense.

TX HB2653

Relating to the reporting of lost or stolen firearms; creating a criminal offense.

TX HB2434

Relating to the reporting of lost or stolen firearms; creating a criminal offense.

TX HB2381

Relating to the reporting of lost or stolen firearms; creating a criminal offense.

TX SB554

Relating to the reporting of lost or stolen firearms and to proof of loss for personal property insurance coverage for those firearms; creating a criminal offense.

TX SB172

Relating to the reporting of lost or stolen firearms and to proof of loss for personal property insurance coverage for those firearms; creating a criminal offense.

TX SB908

Relating to the regulation of certain firearm transfers, to the unlawful possession or acquisition of a firearm or ammunition, and to reports of lost or stolen firearms; creating criminal offenses.

Similar Bills

No similar bills found.