Relating to extreme risk protective orders; creating criminal offenses.
Impact
The passage of SB529 is likely to have significant implications for gun ownership laws in Texas, particularly concerning how and when firearms can be possessed by individuals with serious mental health issues. It stipulates that protective orders will not only include prohibitions on firearm ownership but also require individuals subject to these orders to relinquish any firearms, thus preventing them from accessing weapons when a risk is identified. Furthermore, the bill mandates that relevant information about those subject to ERPOs be submitted to the Federal Bureau of Investigation for inclusion in the National Instant Criminal Background Check System, enhancing the state's ability to monitor affected individuals.
Summary
Senate Bill 529 introduces provisions related to extreme risk protective orders (ERPOs) in Texas, aiming to enhance public safety by addressing individuals who present a risk of harm due to mental illness. The bill allows for family members and law enforcement to file applications for protective orders preventing individuals deemed dangerous from purchasing, owning, or possessing firearms. It includes detailed requirements for applications, such as allegations of dangerous behavior and any relevant medical information, and establishes procedures for the temporary ex parte orders that can be issued without prior notice to the involved party in emergencies.
Sentiment
The sentiment surrounding SB529 appears mixed. Proponents, including mental health advocates, argue that it is a necessary measure to mitigate potential gun violence associated with individuals suffering from mental illnesses. They emphasize the importance of preventive measures that could save lives. However, there are concerns from gun rights advocates who view the bill as an infringement on Second Amendment rights, expressing fears that it could lead to misuse of protective orders and unjustly penalize individuals without due process.
Contention
Notable points of contention include concerns about the potential abuse of the protective order system, where allegations could be made without sufficient evidence, leading to unjust restrictions on lawful gun ownership. Critics also argue the bill could disproportionately impact vulnerable populations who may be misrepresented in mental health assessments. The challenge remains to balance public safety with individual rights, particularly regarding the timely and fair application of protective orders without infringing on personal freedoms.
Texas Constitutional Statutes Affected
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Section: New Section
Penal Code
Chapter 37. Perjury And Other Falsification
Section: New Section
Code Of Criminal Procedure
Chapter 7. Proceedings Before Magistrates To Prevent Offenses
Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.