Texas House Bill HB4364

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to prohibiting certain sales and purchases of firearms; creating criminal offenses; providing a civil penalty.

Impact

If passed, HB 4364 would significantly impact firearm regulations in Texas, particularly through its age-specific provisions. The bill would impose sanctions on sellers who wrongly transact with young adults under 21 and introduce a new category of offenses that would label such actions as a third-degree felony. These changes align with broader efforts to curb gun violence and address concerns about the accessibility of firearms for younger individuals. Furthermore, the bill expands existing frameworks to include more stringent measures against illegal firearm transactions, thereby reinforcing the state's commitment to public safety.

Summary

House Bill 4364, introduced by A. Johnson, seeks to amend the penal code concerning the sale and purchase of firearms. The bill specifically targets individuals under the age of 21, making it unlawful for anyone in that age group to knowingly purchase a firearm unless they hold a valid license to carry. By establishing criminal penalties for violations of this provision, the bill aims to enhance public safety and prevent firearms from falling into the hands of vulnerable populations. Additionally, it proposes various amendments to existing laws regarding the illegal transfer of firearms, particularly to individuals with prior felony convictions or protective orders against them.

Sentiment

The sentiment surrounding HB 4364 appears to be mixed, reflecting both support and opposition across various stakeholders. Proponents, including gun control advocates, see the bill as a necessary step towards improving community safety and mitigating gun-related incidents among youth. Conversely, opponents, often from more conservative and pro-gun advocacy groups, argue that it may infringe upon the rights of responsible gun owners and question the effectiveness of age restrictions in addressing underlying issues of gun violence. This division underscores the ongoing national debate over gun control measures and their implications for individual rights and public safety.

Contention

Notable points of contention include the debate over whether the age restrictions effectively strengthen safety measures or unjustly limit the rights of law-abiding young adults. Critics of the bill may argue that the legislation does not address the root cause of gun violence, focusing instead on punitive measures against youth while overlooking other systemic factors. Additionally, the bill establishes a framework that could lead to increased scrutiny of firearm sales and the imposition of civil penalties for violations, which may raise concerns about enforcement and the potential for unintended consequences on small businesses engaged in lawful firearm transactions.

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
  • Section: New Section