Texas House Bill HB203

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to prohibiting certain persons with chemical dependencies from possessing a firearm; creating a criminal offense.

Impact

If enacted, HB203 will amend existing laws to create a clear linkage between court-ordered treatment for chemical dependency and restrictions on firearm possession. This includes the requirement for courts to submit relevant information to the Department of Public Safety within a specified timeframe. The bill may also enhance monitoring of individuals who could potentially pose a danger to public safety due to their substance abuse history, reflecting a preventive approach to firearm accessibility amongst vulnerable populations.

Summary

House Bill 203 aims to address the issue of firearm possession by individuals with chemical dependencies. Specifically, it proposes prohibiting certain persons undergoing chemical dependency treatment from possessing firearms. The bill establishes a criminal offense for possessing a firearm under certain circumstances related to chemical dependency, thus tying firearm regulation to mental health concerns. It requires the courts to notify the Department of Public Safety when a court orders an individual to receive treatment or when they are discharged from such treatment.

Sentiment

The general sentiment surrounding HB203 has mixed reactions. Advocates argue that the bill is necessary for public safety, as it seeks to mitigate risks associated with firearm possession among individuals with substance abuse issues. On the other hand, critics express concerns regarding potential overreach and infringement on individual rights, fearing that such measures may not effectively address the underlying issues of addiction and may instead contribute to stigmatization.

Contention

Notable points of contention revolve around the details of how the law will be enforced and the criteria used to determine when individuals can safely possess firearms after treatment. Critics argue that the measure could lead to unfair penalties for individuals working towards recovery, and suggest a need for clear guidelines on the assessment process for determining fitness to possess a firearm post-treatment. Furthermore, accountability measures for the proper handling of sensitive information related to individuals undergoing chemical dependency treatment remain a significant concern.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 462. Treatment Of Persons With Chemical Dependencies
  • Section: New Section

Penal Code

• Chapter 46. Weapons
  • Section: New Section