Texas House Bill HB2842

Texas 2019 - 86th Regular

Caption

Relating to the disposition of a firearm seized from certain persons with mental illness.

Impact

The enactment of HB 2842 is expected to impact state laws regarding the seizure and return of firearms, particularly in cases involving mental health. By requiring judicial involvement and verification of an individual's status before a firearm can be returned, the bill seeks to ensure that those deemed a risk to themselves or others are not allowed possession of firearms. This could lead to a more systematic approach in cases where mental health and firearm regulations intersect, possibly impacting the legal landscape surrounding gun ownership in Texas.

Summary

House Bill 2842 addresses the handling of firearms seized from individuals diagnosed with certain mental illnesses. The bill amends Articles 18.191 of the Texas Code of Criminal Procedure to establish a clearer protocol for the disposition of seized firearms. Specifically, it mandates law enforcement agencies to notify the court about the seized firearm within 30 days and determine the legal status of the individual from whom the firearm was taken. This procedural step aims to balance public safety concerns with the rights of individuals potentially unable to possess firearms due to mental health issues.

Contention

While proponents of HB 2842 might argue that it strengthens public safety and ensures responsible gun ownership, there could be contention regarding the interpretation of mental health assessments and the potential delays in weapon return. Critics may question the adequacy of this legislative approach, fearing it might infringe on the rights of individuals with mental illnesses who are deemed capable of responsible gun ownership. Furthermore, the complexities of mental health evaluations could lead to inconsistencies in the application of the law, sparking debate on the balance between safety and individual rights.