Texas Senate Bill SB71

Texas 2023 - 88th 3rd C.S.

• Filed: 10/16/23

Caption

Relating to the definition of firearm for purposes of certain criminal offenses.

Impact

The revisions proposed by SB71 are expected to have implications for both law enforcement practices and the legal framework surrounding firearm-related offenses. By defining 'less-lethal projectile device', the bill acknowledges the growing use of alternatives to traditional firearms, which can serve specific purposes in policing and self-defense scenarios. Additionally, the bill would apply to offenses committed after the effective date, ensuring that new definitions are consistent with contemporary practices surrounding non-lethal weaponry.

Summary

Senate Bill 71 focuses on amending the definition of 'firearm' within the penal code for certain criminal offenses in Texas. The bill aims to clarify what constitutes a firearm by providing a specific definition and delineating exclusions, such as antique firearms and certain less-lethal projectile devices. The inclusion of a new category, 'less-lethal projectile device', expands the classification of firearms under Texas law, impacting how specific weapons are treated legally.

Sentiment

The sentiment surrounding SB71 appears to be mixed among lawmakers and stakeholders. Proponents argue that clarifying the definitions will help law enforcement in making determinations about weapon classifications and enhance public safety by clearly distinguishing between different types of weapons. Conversely, opponents may raise concerns about how these definitions could affect existing regulations and the potential consequences for individuals carrying certain types of devices.

Contention

Notably, the bill touches on broader debates related to gun control and the use of less-lethal alternatives. Some advocacy groups may contend that while the bill promotes an understanding of less-lethal capabilities, it may also inadvertently introduce complexities in enforcement and interpretation of the law. Concerns may also arise regarding the potential for misconstruing the classifications, leading to legal challenges or unanticipated consequences for individuals in possession of less-lethal devices.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: 01
  • Section: New Section