Relating to the criminal offense of carrying a handgun while intoxicated.
Impact
If enacted, HB312 introduces a clear legal distinction regarding the carrying of handguns while intoxicated, consolidating existing legal language around this issue into a specific section of the Penal Code. This legislative measure emphasizes the state's commitment to addressing public safety concerns associated with firearm possession and intoxication. The new legislation is intended to provide local law enforcement with a more straightforward framework for enforcing violations, thereby potentially reducing incidents of intoxication-related firearm offenses.
Summary
House Bill 312 addresses the criminal offense of carrying a handgun while intoxicated. The bill proposes changes to the Texas Penal Code, specifically adding a new section that outlines the conditions under which a person commits an offense by carrying a handgun while intoxicated. The proposed law states that an individual will be in violation if they are intoxicated and carrying a handgun outside of their own property or a vehicle that they control, unless they have the property owner's consent. The penalty for violating this law is classified as a Class A misdemeanor.
Sentiment
The general sentiment surrounding HB312 appears mixed. Supporters argue that the bill is a necessary measure for public safety, emphasizing the dangers of allowing individuals to carry firearms while under the influence of alcohol or drugs. On the other hand, opponents express concerns about potential overreach, fearing that this could infringe upon individual rights or disproportionately affect responsible gun owners who may find themselves unintentionally in violation of this law in social situations.
Contention
Notable points of contention in discussions surrounding HB312 include the balance between individual rights and public safety, as well as concerns related to enforcement. Critics argue that the bill does not adequately address the distinction between responsible firearm ownership and irresponsible behavior that leads to intoxication while armed. Furthermore, some legislators question the practicality of enforcement, particularly regarding how law enforcement officers will determine an individual's level of intoxication in situations where firearms are present.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to provisions governing the carrying of a handgun by certain unlicensed persons and to other provisions related to the carrying, possessing, transporting, or storing of a firearm; providing criminal penalties.
Relating to provisions governing the carrying of a handgun by certain unlicensed persons and to other provisions related to the carrying, possessing, transporting, or storing of a firearm; providing criminal penalties.
Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to provisions governing the carrying of a handgun or other firearm by a Texas resident who is 21 years of age or older and is not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm and to handgun licensing; increasing criminal penalties; creating a criminal offense.