Texas Senate Bill SB7

Texas 2023 - 88th 1st C.S.

• Filed: 5/30/23

Caption

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

Impact

The implementation of SB7 would significantly alter existing state laws regarding firearm possession and transfers. With its emphasis on protective orders, the bill aims to reduce instances of gun violence related to domestic abuse. Specific changes include increased criminal penalties for violations of firearm possession restrictions and the requirement for a national instant criminal background check to be conducted on private firearm sales. These provisions are designed to create a more robust legal framework that promotes the safe handling of firearms, particularly in sensitive domestic situations. Overall, it seeks to close loopholes that have allowed access to firearms by those prohibited by law from possessing them.

Summary

SB7 focuses on the regulation of firearm transfers and aims to create stricter measures around the possession of certain firearms by individuals under protective orders. The bill establishes new criminal offenses for illegal firearm transactions, including selling firearms to individuals under protective orders or those who have committed family violence. It also introduces penalties for violating protective orders, thereby enhancing community safety by preventing firearms from entering the hands of potentially dangerous individuals. Additionally, the bill mandates that firearm transfers between private parties must undergo a background check to ensure compliance with state laws.

Sentiment

The sentiment surrounding SB7 appears to be divided among stakeholders. Advocates for gun control and domestic violence prevention organizations support the bill, viewing it as a necessary step toward ensuring greater public safety and accountability. They argue that the measures outlined in the bill could help prevent tragedies and protect vulnerable populations from harm. In contrast, opponents of the bill, including certain gun rights advocates, express concern over the potential infringement on Second Amendment rights. They argue that the bill could lead to excessive penalties and may create barriers for law-abiding citizens to legally acquire firearms.

Contention

Notable points of contention in the discussions around SB7 center on the balance between gun rights and public safety. Stakeholders have raised concerns regarding the practicality of enforcing the proposed background checks for private transfers and whether the penalties outlined for violations may disproportionately affect individuals without malicious intent. Moreover, the definition of 'assault weapon' included in the bill and how it could impact lawful gun ownership remains a significant debate among legislators and the public alike. The discussions highlight the ongoing national dialogue regarding the regulation of firearms and the persistent challenges in reaching a consensus that addresses both safety and personal freedoms.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section
  • Section: 172

Code Of Criminal Procedure

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

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: New Section

• Chapter 46. Weapons
  • Section: New Section
  • Section: 04