Texas House Bill HB1479

Texas 2023 - 88th Regular

• Filed: 1/19/23

Caption

Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.

Impact

The enactment of HB 1479 is expected to modify state laws concerning firearm possession rights for individuals involved in family violence incidents or protective order violations. By creating a legal obligation for these individuals to surrender their firearms, the bill seeks to lower the likelihood of violent incidents involving firearms in domestic settings. The law would apply to convictions on or after January 1, 2024, and any protective orders issued from that date forward, indicating a proactive approach to gun control in relation to family violence issues.

Summary

House Bill 1479 relates to the requirement for individuals convicted of offenses involving family violence or those subject to protective orders to surrender their firearms. The bill proposes the introduction of a new Chapter 68 in the Code of Criminal Procedure that would mandate courts to notify individuals under these circumstances that they are prohibited from possessing firearms. It outlines a procedure for surrendering firearms and establishes penalties for violations of the orders. This legislation aims to enhance safety for victims of family violence by ensuring that individuals deemed a risk are prohibited from accessing firearms.

Sentiment

General sentiment around HB 1479 appears to be supportive among advocates for domestic violence victims who believe that stricter gun control measures are necessary to protect individuals at risk of harm. Conversely, there may be concerns from gun rights advocates who fear that such measures could infringe on individual rights and firearm ownership freedoms. The discussions suggest a clear divide between public safety advocates and those emphasizing Second Amendment rights, reflecting broader national conversations regarding gun control and individual liberties.

Contention

Although generally seen as a positive step towards protecting victims of family violence, HB 1479 may face contention regarding its implications for civil rights and law enforcement practices. Critics could argue about the potential for misuse of protective orders, or challenge the practicality of enforcing firearm surrender requirements. Additionally, the bill's mechanisms for firearm disposition and the associated fees may draw scrutiny, necessitating clarity around how law enforcement agencies will manage surrendered firearms and the financial implications for individuals involved.