Relating to the attempted acquisition of a firearm by a person prohibited from possessing a firearm.
Impact
If enacted, HB 1779 will amend existing laws concerning firearm transfers, ensuring that dealers play a crucial role in reporting potential violations. This regulatory framework places greater responsibility on firearms dealers to comply with federal background check laws. Additionally, it requires the DPS to actively investigate cases where a dealer declines a sale due to a prohibited status, potentially reducing illegal firearm acquisitions and providing law enforcement with the necessary information to prevent crime.
Summary
House Bill 1779, introduced by representative Hinojosa, addresses the attempted acquisition of firearms by individuals who are legally prohibited from possessing them. The bill amends the Penal Code to require licensed firearms dealers to notify the Department of Public Safety (DPS) when a potential buyer is flagged as prohibited by the National Instant Criminal Background Check System (NICS). This notification triggers an investigation by the DPS into the potential violation of firearm possession laws, aiming to enhance enforcement and compliance with existing restrictions surrounding firearm purchases.
Sentiment
The sentiment surrounding HB 1779 appears to be supportive among advocates for stricter gun control who see this bill as a necessary step to enhance community safety. Proponents argue that by enforcing better reporting practices among firearms dealers, the bill will help deter individuals prohibited from obtaining firearms, thereby reducing gun-related incidents. However, the bill may face opposition from groups advocating for Second Amendment rights, who might argue that increased regulation places undue restrictions on law-abiding citizens and could lead to broader implications for firearm ownership rights.
Contention
A notable point of contention within the discussions around HB 1779 revolves around the balance between enforcing public safety and protecting individual rights. Some legislators and advocacy groups may express concerns about the implications of increased monitoring and potential overreach by law enforcement. The bill's requirement for dealers to report certain transactions raises questions about privacy, due process, and the potential for unintended consequences, such as increased scrutiny on individuals who may mistakenly be reported due to clerical errors or system inaccuracies.
Texas Constitutional Statutes Affected
Penal Code
Chapter 46. Weapons
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to the criminal offense of acquisition or attempted acquisition of a firearm by a person prohibited from possessing a firearm; creating a criminal offense.
Relating to the regulation of certain firearm transfers, to the unlawful possession or acquisition of a firearm or ammunition, and to reports of lost or stolen firearms; creating criminal offenses.