Texas House Bill HB95

Texas 2019 - 86th Regular

Caption

Relating to the criminal offense of acquisition or attempted acquisition of a firearm by a person prohibited from possessing a firearm.

Impact

The implications of HB95 could be significant for state law by providing a clearer framework around the sale of firearms to individuals with prohibitions due to criminal history or protective orders. The bill introduces specific definitions of offenses related to unlawful acquisition and reinforces the protective intent behind existing laws. Enforcement mechanisms are strengthened by mandating that cases flagged by dealers be investigated, aiming to enhance public safety through more rigorous control of firearm transactions.

Summary

House Bill 95 (HB95) addresses the criminal offense of acquiring or attempting to acquire a firearm by individuals who are legally prohibited from possessing firearms. The bill seeks to amend existing laws in Texas regarding the sale and transfer of firearms, particularly focusing on the responsibilities of firearms dealers when it comes to background checks and reporting. One key provision allows licensed dealers to notify the Department of Public Safety if a background check indicates that a potential buyer is barred from ownership, thereby initiating possible investigations into such cases.

Contention

While the bill has support for its focus on public safety, there are potential points of contention regarding the balance between regulation and individual rights. Advocates argue that the bill will provide necessary safeguards and accountability for firearms dealers, while opponents may argue it imposes additional burdens on businesses, and question the efficacy of relying on background checks as a solution to gun violence. Further, discussions may arise around the implications of increasing state oversight versus local control, especially in light of existing gun ownership laws.