Texas Senate Bill SB330

Texas 2009 - 81st Regular

Caption

Relating to the punishment for unlawful carrying of weapons.

Impact

The reclassification of unlawful carrying of weapons from a Class A misdemeanor to a state jail felony for repeat offenders has significant implications for state law and law enforcement. This bill is intended to deter individuals with previous convictions from engaging in unlawful carrying of weapons. By enhancing the penalties, supporters believe it may contribute to improved public safety and reduce gun violence associated with repeat offenders. The context of this change suggests a shift towards more stringent controls on weapon possession in the state.

Summary

SB330, introduced by Senator Carona, addresses the punishments associated with unlawful carrying of weapons in Texas. The bill proposes amendments to Section 46.02 of the Penal Code, altering the classification of certain offenses related to weapon carrying. The key change includes the stipulation that if a person carrying a weapon unlawfully has prior convictions under Chapter 71, the offense will be classified as a state jail felony rather than a Class A misdemeanor. This is aimed at increasing the penalties for repeat offenders, reflecting a tougher stance on gun-related offenses.

Contention

While the bill may be supported by those advocating for stricter gun laws and increased penalties for repeat offenders, it is likely to face opposition from those who view it as an unnecessary escalation of penalties for non-violent offenses. Critics might argue that the definition of unlawful carrying and the associated penalties could disproportionately affect certain communities or lead to further criminalization of individuals for minor infractions. The debate surrounding SB330 highlights ongoing tensions between public safety measures and Second Amendment rights.

Effective_date

This Act is intended to come into effect on September 1, 2009, applying only to offenses committed on or after this date, ensuring that those charged under the previous laws will not be subject to the new, harsher penalties.