TX
Texas House Bill HB3242

Texas 2021 - 87th Regular

Texas House Bill HB3242

Caption

Relating to a defense to prosecution for a handgun license holder who carries a handgun on certain premises.

Impact

The impact of HB3242 on Texas state laws could be significant, particularly in the realm of firearm regulations. By allowing a defense for licensed handgun holders, it may encourage compliance with property regulations by reducing the fear of criminal prosecution for those who leave the property quickly upon realizing they are in a prohibited area. Supporters of this bill argue that it offers a fair opportunity for gun owners to abide by the law without the risk of severe penalties for unintentional breaches, thereby promoting responsible gun ownership.

Summary

House Bill 3242 amends the Penal Code to establish a defense to prosecution for licensed handgun holders who inadvertently carry their firearms onto premises where such carrying is prohibited. The bill stipulates that if a license holder is provided personal notice that carrying on the property is not allowed, and they then promptly leave the premises, they cannot be prosecuted for the offense. This legislation specifically addresses scenarios around unintentional violations of gun carry laws in environments where signage may not be clear or where the license holder may not have been aware of the restrictions.

Contention

Notably, the bill has generated discussions regarding the balance between gun rights and property owners' rights to regulate who can carry firearms on their premises. Critics may argue that this legislation could potentially undermine the property rights of business owners and create loopholes for those looking to carry firearms in restricted areas. They may also express concern that the lack of clarity regarding 'promptly departing' could lead to varying interpretations in legal cases involving this defense, which could lead to inconsistency in enforcement and application of the law. The legislation is positioned amid broader statewide debates surrounding firearm possession rights and public safety.

Companion Bills

No companion bills found.

Previously Filed As

TX SB354

Relating to the carrying of concealed handguns by handgun license holders on the campus of a school district or open-enrollment charter school.

TX HB2278

Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.

TX HB220

Relating to the offense of unlawful transfer of handguns and other firearms and to the duties of certain entities with respect to handgun licenses that are active, suspended, or revoked; creating a criminal offense.

TX HB2960

Relating to the locations in which carrying certain weapons is prohibited and the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and associated notice requirements.

TX HB3266

Relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain devices intended to modify handguns.

TX HB1648

Relating to the carrying or possession of a handgun by a district clerk and the issuance of a handgun license to a district clerk.

TX HB356

Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises.

TX HB4663

Relating to the age at which a person is eligible for a license to carry a handgun.

TX SB599

Relating to the carrying or possession of a handgun by a district or county clerk and the issuance of a handgun license to a district or county clerk.

TX HB2075

Relating to prohibiting the transfer of firearms other than handguns to certain recipients; creating a criminal offense; increasing a criminal penalty.

Similar Bills

No similar bills found.