Texas Senate Bill SB1945

Texas 2019 - 86th Regular

Caption

Relating to a court's authority to temporarily restrict the ability of a proposed patient for court-ordered mental health services to possess a firearm.

Impact

If enacted, SB1945 would amend the Code of Criminal Procedure and Health and Safety Code to outline specific conditions under which these firearm restrictions could be applied. The law enforcement agencies would be responsible for managing the seized firearms and ensuring compliance with new notification and verification requirements. This change aims to enhance public safety by preventing individuals deemed a risk from holding firearms while allowing for a structured process for temporary restrictions to be contested through a judicial appeal.

Summary

SB1945 seeks to modify existing laws regarding a court's authority to temporarily restrict individuals who are ordered to receive court-ordered mental health services from possessing firearms. The bill includes provisions for imposing a temporary firearm restriction for a period of up to 90 days if the court determines that a proposed patient's possession of a firearm poses a substantial risk of harm to themselves or others. This is particularly relevant for individuals receiving outpatient mental health services or those who do not meet criteria for such services but have been taken into custody for mental health assessments.

Contention

One notable point of contention surrounding SB1945 is the balance between public safety and individual rights. Proponents argue that the cooling-off period for individuals exhibiting dangerous behavior provides a necessary safeguard against potential tragedies, especially in incidents involving mental health crises. Opponents, however, may express concerns regarding the implications of the law on individual rights related to firearm possession and the potential for misuse of the restrictive measures. This division reflects broader debates surrounding mental health, gun control, and individual freedoms in legislative contexts.