Texas House Bill HB817

Texas 2023 - 88th Regular

• Filed: 11/29/22

Caption

Relating to creating a criminal offense for the unlawful possession or transfer of an assault weapon.

Impact

If passed, HB 817 would amend existing laws within the Texas Penal Code to specifically criminalize actions related to assault weapons. This includes prohibiting individuals from possessing or transferring firearms that meet the outlined definitions. Such a measure could potentially alter the landscape of firearm possession in the state by enforcing stricter regulations on certain firearms, intended to enhance public safety and prevent violence.

Summary

House Bill 817 seeks to establish a criminal offense for the unlawful possession or transfer of assault weapons in Texas. The bill defines 'assault weapons' with specific criteria, including certain types of semiautomatic rifles and pistols, and creates penalties for individuals who knowingly possess or transfer these firearms. The bill represents a significant legislative measure aimed at addressing public concerns regarding gun violence and the ownership of firearms deemed to be particularly dangerous.

Sentiment

The sentiment surrounding HB 817 appears to be divided among stakeholders. Supporters argue that the regulation of assault weapons is a necessary step toward reducing gun violence and enhancing community safety. They believe this bill will help to prevent the misuse of high-capacity firearms. Conversely, opponents view it as an infringement on Second Amendment rights and express concerns that such laws disproportionately target law-abiding citizens while failing to address the root causes of gun violence.

Contention

Notable points of contention include the definition of 'assault weapons' within the bill, which some critics argue may encompass common hunting rifles and firearms used for sport shooting. Additionally, the enforcement mechanisms for criminal penalties under this bill raise questions about legal intricacies and the potential implications for law enforcement and judicial processes. Stakeholders are concerned about the balance between public safety and the rights of individuals to own firearms.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: New Section

Government Code

• Chapter 614. Peace Officers And Fire Fighters
  • Section: 052
  • Section: 051

Parks And Wildlife Code

• Chapter 11. Parks And Wildlife Department
  • Section: 0193

Code Of Criminal Procedure

• Chapter 15. Arrest Under Warrant
  • Section: New Section

• Chapter 18. Search Warrants
  • Section: 18
  • Section: 19

Education Code

• Chapter 37. Discipline; Law And Order
  • Section: New Section

Alcoholic Beverage Code

• Chapter 5. Alcoholic Beverage Commission
  • Section: 141