Texas 2019 - 86th Regular

Texas House Bill HB38

Caption

Relating to prohibiting the manufacture, assembly, or ownership of unmarked firearms; creating a criminal offense; authorizing a fee.

Impact

If passed, HB38 will amend Chapter 411 of the Texas Government Code, introducing new obligations for firearm manufacturers and owners. Specifically, any individual or entity that wishes to manufacture or assemble a firearm must obtain a serial number from the Department of Public Safety and apply it according to set guidelines. Additionally, firearm owners will also face new requirements, needing to mark their weapons within a specific timeframe upon acquiring them. Failure to comply with these provisions will result in criminal penalties, thus holding individuals accountable for unmarked firearms in the state.

Summary

House Bill 38 aims to address the issue of unmarked firearms by prohibiting their manufacture, assembly, and ownership. The bill establishes the requirement for a unique serial number or other form of identification to be issued for firearms that are not already marked in compliance with federal law. This initiative is intended to enhance the tracking and identification of firearms, thereby improving law enforcement's ability to tackle gun-related crimes. Under this legislation, individuals will be required to apply for specific markings from the state, significantly regulating how firearms are produced and owned across Texas.

Contention

There are potential points of contention surrounding HB38, particularly regarding the implications for gun ownership rights and local autonomy. Some advocates argue that the bill is a necessary measure for public safety, as it addresses the challenges associated with untraceable firearms. However, opponents may see this as an infringement on Second Amendment rights, fearing that such regulations might lead to increased governmental control over lawful gun owners. The balance between enhancing public safety and preserving individual rights will likely stimulate considerable discussion and debate during the legislative process.