Texas House Bill HB2407

Texas 2013 - 83rd Regular

Caption

Relating to restoration of a person's right to purchase a firearm on termination of a guardianship.

Impact

The enactment of HB2407 would have a significant impact on how individuals' rights are managed following guardianship cases. Currently, individuals deemed incapable due to mental health issues cannot purchase firearms. This bill seeks to remove that barrier for those who can demonstrate their capacity has returned. The implications of this legislation are profound as it intertwines issues of individual rights with mental health evaluations, potentially leading to a reviewable process that balances individual freedom with societal safety.

Summary

House Bill 2407 seeks to facilitate the restoration of a person's right to purchase a firearm upon the termination of their guardianship. This bill specifically addresses cases where individuals have had their capacity completely restored following a period of guardianship. It allows these individuals to apply to the court for the removal of the firearm disability imposed under federal law (18 U.S.C. Section 922(g)(4)). By amending the Estates Code, the bill provides a legal avenue for former wards to regain their rights once they demonstrate restored mental capacity and public safety considerations are met.

Contention

There are notable points of contention surrounding the bill. Advocates argue that it is a necessary step in restoring rights and dignity to individuals who have recovered from mental health challenges and should not be permanently punished for past conditions. Conversely, opponents raise concerns regarding public safety, questioning whether individuals can always be accurately assessed and whether removing firearm restrictions could pose risks to community safety. The bill requires courts to make affirmative findings regarding a person's likelihood of endangering public safety, making the process controversial and potentially complex in its implementation.