Texas 2023 - 88th Regular

Texas House Bill HB1399

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution of the offense of making a firearm accessible to a child; increasing a criminal penalty.

Impact

If enacted, HB 1399 would significantly change the legal landscape around firearm accessibility in Texas. By instituting stricter penalties, including reclassifying certain offenses as felonies, the bill aims to deter negligent behavior among firearm owners. The act is expected to hold individuals more accountable if a child gains access to a firearm and subsequently causes harm. The provisions within the bill also illustrate an adaptive legal framework designed to respond to evolving societal concerns regarding gun safety, encouraging responsible firearm ownership and the reduction of incidents involving children and firearms.

Summary

House Bill 1399 addresses the critical issue of firearm accessibility to children by enhancing the criminal penalties related to such offenses. Specifically, the bill amends existing penal provisions to redefine 'child' as anyone under the age of 18 and establishes varying degrees of crime based on the consequences of a child's access to a firearm. The legislation aims to protect vulnerable populations—children—by holding adults accountable for negligent firearm storage and access, thereby enhancing safety measures against accidental or intentional misuse by minors.

Sentiment

Overall sentiment surrounding HB 1399 leans towards support from various stakeholders, including law enforcement and child advocacy groups, who recognize the pressing need to improve child safety regarding firearms. Testimonies from individuals, such as representatives from the Dallas County District Attorney's Office, underline a shared belief that this legislation is crucial for protecting children. However, there exists a counter-narrative among some groups concerned about the implications of the increased penalties on responsible gun owners, advocating for a more balanced approach that also considers the rights of lawful firearm users.

Contention

The most notable point of contention regarding HB 1399 revolves around the balance between enforcing stricter penalties and ensuring that responsible gun owners are not unfairly penalized. Some critics argue that increasing penalties could inadvertently punish individuals acting in good faith, who might have intended to safeguard a firearm but encountered a child’s unintended access. The bill introduces exceptions and defenses, such as those involving supervised access for lawful purposes, but discussions continue on the effectiveness of these measures in addressing broader community concerns about firearms and young individuals.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 46. Weapons
    • Section: 13

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.