Texas House Bill HB847

Texas 2023 - 88th Regular

• Filed: 12/1/22

Caption

Relating to the storage of firearms surrendered by a person subject to a magistrate's order for emergency protection or protective order as a result of family violence, sexual assault or abuse, stalking, or trafficking of persons.

Impact

The implications of HB 847 are notable in the context of family violence prevention and firearm regulation. By establishing clear guidelines for the storage and retrieval of firearms surrendered under protective orders, the bill seeks to enhance safety for victims. It mandates that individuals can reclaim their firearms once orders expire, provided they are legally permitted to possess firearms. Thus, it aims to balance victim protection with the rights of individuals who have surrendered their firearms.

Summary

House Bill 847 addresses the storage of firearms surrendered by individuals who are subject to a magistrate's order for emergency protection or protective orders arising from issues like family violence, sexual assault, abuse, stalking, or human trafficking. The bill requires counties to designate secure locations for the storage of firearms during the period in which a protective order is active. This places a focus on ensuring that surrendered firearms are stored safely and returned appropriately after the expiration of the protective order.

Sentiment

Discussions surrounding HB 847 reveal a general sentiment supporting the bill, primarily from advocates for domestic violence prevention. Supporters argue that the legislation is crucial in providing victims of domestic violence with a sense of safety. However, there may be concerns from gun rights advocates about the implications of forced surrendering of firearms and the processes involved in reclaiming them. The bill, however, is framed more as a safety measure for vulnerable populations rather than a restriction on firearm ownership.

Contention

One point of contention could arise regarding the operational aspects of implementing such storage solutions across different counties, including the costs associated with maintaining secure storage locations. Additionally, there may be debates on the adequacy of the time frame provided for individuals to reclaim their firearms following the expiration of protective orders. Critics may argue about the potential for mishandling or mismanagement of surrendered firearms and the impact this may have on individuals' rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

• Chapter 17. Bail
  • Section: 292

Family Code

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