Texas Senate Bill SB729

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/26/09
• Voted on by Senate: 4/9/09
• Out of House Committee: 5/11/09

Caption

Relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses.

Impact

The implications of SB729 could lead to a shift in how unlawful carrying offenses are prosecuted in Texas. By allowing for a defense based on a lack of effective notice, the bill could reduce the number of successful prosecutions against individuals who carry guns into businesses that have not clearly communicated their policies regarding firearms. This may promote a greater sense of security and advocate for the rights of license holders, allowing them to navigate the complexities of firearm regulations more effectively.

Summary

SB729 introduces a significant amendment to the Texas Penal Code, specifically Section 46.035, which addresses the unlawful carrying of handguns by license holders on business premises. This bill establishes a defense to prosecution for individuals charged with unlawfully carrying a handgun if they can demonstrate that they did not receive effective notice as required under Section 411.204 of the Government Code. Essentially, this means that a license holder can argue against prosecution if they were not properly notified of the prohibition against carrying a firearm in a particular business establishment.

Contention

Noteworthy points of contention surrounding SB729 may revolve around public safety concerns. Some legislators and advocacy groups may argue that this bill could potentially create loopholes that allow individuals to carry firearms into sensitive areas where they may pose a threat. This debate often pits the rights of gun owners against concerns regarding community safety and the responsibilities of business owners to enforce their own policies regarding firearms. Furthermore, the necessity of having effective notice might challenge businesses to reconsider how they communicate their firearm policies, raising potential operational hurdles.

Additional_notes

SB729's provisions will take effect on September 1, 2009, but only apply to offenses committed after this date. Offenses occurring before the effective date will continue to be governed by the existing laws in force at that time. This transitional provision ensures that the legal consequences for past actions remain unchanged, while allowing for a new framework of legal defenses moving forward.