Texas House Bill HB4336

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09

Caption

Relating to the civil and criminal consequences of engaging in certain conduct involving a firearm and to creating the offense of firearm smuggling; providing penalties.

Impact

The passage of HB4336 would have significant implications for the enforcement of firearms regulations in Texas. It enhances the governing laws against firearm smuggling, serving as a deterrent to illegal activities surrounding firearms. Local law enforcement agencies would have the authority to take action against such violations, potentially leading to an increase in prosecutions related to firearm crimes. Additionally, criminal justice institutions might need to consider the implications this bill has on sentencing, prosecution, and resource allocation for addressing firearm offenses.

Summary

House Bill 4336 introduces amendments to the Texas Penal Code specifically addressing firearm smuggling. The bill creates a new offense defined under Section 46.14, where individuals can be prosecuted for knowingly possessing or transferring firearms that were acquired in violation of state or federal laws. The penalties for this offense are categorized as felonies, with increased severity if the offense involves three or more firearms or if the individual is found to be engaging in the firearm trade knowingly and unlawfully. This statutory change aims to provide a clearer legal framework regarding the illegal possession and transportation of firearms.

Contention

There may be contention surrounding the bill, particularly regarding its enforcement. Critics could argue that the broad definitions of possession and transportation might lead to potential overreach in prosecutions. Furthermore, there is concern about the implications for lawful gun owners, as the line between legal and illegal firearm possession could become blurred. Stakeholders may have differing opinions on whether the bill adequately balances public safety concerns with the rights of responsible gun owners, especially in a state with a strong culture of gun ownership.