Relating to the offense of carrying a handgun while intoxicated.
Impact
If enacted, SB458 will modify existing gun laws in Texas by providing a clear distinction regarding the carrying of handguns while intoxicated. It introduces a situational exemption that allows licensed individuals to have their handguns present in a vehicle, as long as they are not carrying them on their person when intoxicated. This adjustment is significant for gun owners and could lead to a reduction in charges related to intoxicated carrying incidents, potentially easing legal burdens for lawful gun owners.
Summary
Senate Bill 458 proposes an amendment to Section 46.035 of the Texas Penal Code regarding the offense of carrying a handgun while intoxicated. Under the current law, a handgun license holder commits an offense if they carry a handgun while intoxicated, regardless of whether the handgun is concealed. The proposed amendment clarifies that this offense does not apply if the handgun is in the same vehicle as the license holder, provided it is not physically carried on the person. This change aims to delineate the circumstances under which licensed individuals may transport handguns in relation to their intoxicated status.
Contention
While the bill seeks to clarify the law, it may be met with opposition from groups advocating for stricter gun control and safety measures. Critics might argue that such an exemption could create confusion regarding responsible firearm handling under intoxicated conditions, raising concerns for public safety. Proponents of the bill, however, may argue that it respects the rights of license holders and aligns with personal freedom, preventing unnecessary penalties for individuals who responsibly transport firearms in their vehicles.
Relating to the offense of unlawful transfer of handguns and other firearms and to the duties of certain entities with respect to handgun licenses that are active, suspended, or revoked; creating a criminal offense.
Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.