Texas Senate Bill SB381

Texas 2019 - 86th Regular

Caption

Relating to a defense to prosecution for and punishment for the offense of trespass by certain persons carrying handguns.

Impact

The adjustment in the law seeks to balance the rights of property owners with the rights of gun owners in Texas. By establishing a clear defense mechanism for handgun carriers, SB381 is designed to reduce potential legal complications arising from trespassing charges. Advocates suggest that this will encourage responsible gun ownership and clarity in situations where license holders may accidentally enter restricted areas. Furthermore, it addresses concerns about the legal risks to individuals exercising their right to carry firearms, particularly in ambiguous property situations.

Summary

SB381 amends the Penal Code of Texas specifically relating to the offense of trespassing by individuals who are carrying handguns. The key change introduced by this bill is a new defense to prosecution for those individuals. If a license holder is given oral communication notifying them of their trespass and they leave promptly, they will not be prosecuted under the applicable trespassing statutes. This provision aims to offer a safety net for licensed handgun carriers who may inadvertently enter private property.

Contention

While the bill has garnered support among certain legislators and gun rights advocates, it may face criticism from those concerned about property rights and personal safety. Opponents may argue that the bill could dilute the trespassing laws, making it easier for individuals with firearms to claim ignorance of property boundaries. Additionally, there may be apprehensions regarding how this could impact the dynamics between property owners and armed individuals, raising questions about accountability and community safety.