Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
The proposed legislation will significantly alter the state's approach to firearm possession and transfer. It mandates that all private firearm transfers must include a national instant criminal background check, thereby closing loopholes that previously allowed for unregulated sales between individuals. Additionally, the act creates new offenses for unlawfully transferring firearms, particularly targeting sales to individuals under protective orders or those deemed a risk. These changes aim to bolster the existing legal framework governing firearm possession, particularly in cases of family violence and mental health crises, ensuring that individuals who pose a risk cannot easily obtain firearms.
SB73, also known as the Robb Elementary Firearm Safety Act, is a legislative measure aimed at enhancing firearm safety and regulating certain firearm transfers in Texas. The impetus behind the bill is rooted in the tragic events of the Robb Elementary School shooting in Uvalde, Texas, which claimed the lives of 19 children and two teachers. This bill seeks to implement evidence-based laws to ensure the safety and security of Texans by addressing the threat of firearm violence. The legislation incorporates various provisions, including establishing extreme risk protective orders and regulations for firearm transfers to prevent access to firearms by individuals considered a threat to themselves or others.
Sentiment around SB73 is mixed and reflects the polarized nature of gun control discussions in Texas. Advocates for the bill, including several lawmakers and advocacy groups focusing on gun safety, generally express positive sentiment, viewing it as a necessary measure to prevent future tragedies. They argue that the restrictions on firearm access will enhance community safety and align with responsible gun ownership principles. Conversely, critics, including certain gun rights advocates, contend that the bill infringes upon Second Amendment rights and may not effectively address the root causes of gun violence. Discussions encapsulate a broader conflict about public safety versus individual liberties.
The contentious aspects of SB73 center around the implications of increased regulation of firearm transfers and the potential for abuse of protective orders. Opponents argue that the broad definitions and requirements for extreme risk protective orders could lead to misuse, whereby individuals face unwarranted restrictions on their rights to possess firearms based on subjective assessments. Proponents counter that the added regulations are essential in preventing dangerous individuals from accessing firearms. The debate underscores an ongoing struggle in Texas to balance common sense gun laws with the rights of responsible gun owners.
Government Code
Code Of Criminal Procedure
Penal Code