Texas House Bill HB3996

Texas 2023 - 88th Regular

• Filed: 3/8/23

Caption

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

Impact

If passed, HB 3996 would significantly modify existing Texas laws concerning firearm sales and possession. Key provisions include a mandatory waiting period for firearm sales, particularly involving assault weapons. The law would also impose stricter penalties for individuals who unlawfully purchase or possess firearms while under protective orders, potentially increasing penalties for violations to felonies. By implementing these measures, the bill aims to address the rising firearm homicide rates in Texas, especially among children and within family violence contexts.

Summary

House Bill 3996, known as the Robb Elementary Firearm Safety Act, establishes a comprehensive set of firearm regulations in Texas aimed at improving public safety. This bill arises in response to the tragic shooting at Robb Elementary School in Uvalde, Texas, where numerous innocent lives were lost. The legislation seeks to enforce stricter controls on firearm transfers, including mandatory background checks for private sales and the prohibition of certain firearm possessions under protective orders.

Sentiment

The sentiment regarding HB 3996 appears to be polarized. Proponents, mainly from safety advocacy groups, view this legislation as a necessary step toward preventing gun violence and ensuring safer communities. They argue that these measures are vital for protecting vulnerable individuals and families from potential harm. Conversely, opponents express concern over the perceived infringement on Second Amendment rights and the implementation challenges of mandatory background checks, particularly in private sales.

Contention

As HB 3996 progresses through the legislative process, notable points of contention have emerged. Critics argue that the new regulations may not effectively prevent gun violence, pointing to the complexities of enforcing background checks for private transfers. Additionally, some stakeholders raise concerns about law enforcement’s capacity to manage the anticipated increase in protective order enforcement. The debate encompasses fundamental issues such as public safety, economic implications for gun retailers, and the balance between regulation and personal freedoms.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section
  • Section: 187

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: New Section

• Chapter 46. Weapons
  • Section: 04

Family Code

• Chapter 85. Issuance Of Protective Order
  • Section: 026

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section