Texas 2023 - 88th Regular

Texas House Bill HB885

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the unlawful possession of a firearm by persons convicted of certain misdemeanor offenses in this state.

Impact

If enacted, HB885 would modify the state's Penal Code to implement stricter regulations on firearm possession among individuals convicted of certain misdemeanors. This change represents an effort to prevent potential future violence by individuals who previously exhibited violent tendencies. The bill applies specifically to those whose crimes are classified as violent misdemeanors, creating a clear guideline on the disqualification period for firearm ownership that hinges on the nature of the offense rather than other factors.

Summary

House Bill 885 seeks to amend existing laws regarding the unlawful possession of firearms by individuals convicted of specific misdemeanor offenses in Texas. The bill primarily focuses on individuals who have committed violent misdemeanors or misdemeanors involving a member of their family or household. Under this legislation, such individuals would be prohibited from possessing firearms before the fifth anniversary of their release from confinement or community supervision related to their conviction. The intention behind this bill is to enhance public safety by addressing gun possession among individuals with a history of violent behavior or family violence.

Sentiment

The sentiment surrounding HB885 appears to lean towards a supportive view from the public safety advocacy groups and lawmakers concerned with domestic violence and violent crime. Proponents argue that it is a crucial step in promoting community safety and reducing the likelihood of gun violence incidents involving individuals with a criminal history. However, there may be contention from those who view the bill as an infringement on personal liberties and gun rights, with concerns about the implications of broad definitions of violent misdemeanors which could include relatively minor offenses.

Contention

One notable point of contention involves the definitions used in the bill, particularly around what constitutes a 'violent misdemeanor.' This ambiguity could result in different interpretations and potentially impacts how individuals are treated under this law. Critics might argue that the bill could unfairly penalize individuals who have made mistakes but have since rehabilitated. Additionally, there are concerns regarding the enforcement of such regulations and the definitions of family violence that could lead to unintended consequences for those involved. As the bill is reviewed, discussions will likely delve into balancing public safety with personal freedom.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 46. Weapons
    • Section: New Section

Family Code

  • Chapter 71. Definitions
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.