Relating to extreme risk protective orders; creating criminal offenses.
Impact
The enactment of HB65 will modify existing state laws related to protective orders and firearm possession. It establishes a legal framework for ERPOs that necessitates courts to consider various factors when assessing risk, including past behaviors indicative of violence or substance abuse. The bill requires immediate action from law enforcement agencies to manage firearms from individuals subject to these orders, thereby reinforcing the state's commitment to public safety and welfare. It also integrates provisions for reporting to the National Instant Criminal Background Check System to enhance monitoring of offenders.
Summary
House Bill 65 introduces procedures for issuing Extreme Risk Protective Orders (ERPO) in Texas, targeting individuals who pose a significant risk of harming themselves or others due to firearms access. The bill allows family members, guardians, or peace officers to apply for such orders, which can temporarily restrict a person's ability to purchase, own, or possess firearms when there is credible evidence of potential harm. These measures aim to enhance public safety by preventing firearm access in volatile situations, particularly those involving domestic violence or mental health concerns.
Sentiment
The sentiment surrounding HB65 is largely supportive among advocates for public safety and mental health professionals, who argue that the bill is a proactive measure against gun violence and domestic abuse. However, there is concern among some gun rights advocates and individuals wary of government overreach regarding the potential for misuse of the ERPO process. The bill has sparked discussions on the balance between ensuring public safety and protecting individual rights, reflecting a divide in opinions on firearm regulations within the state.
Contention
Notable contention points include the potential for the misapplication of ERPOs and how they may infringe upon Second Amendment rights. Critics express fear that individuals could be wrongfully targeted or that applications could be misused to disarm individuals unjustly. Additionally, defining the threshold for issuing a protective order may lead to subjective interpretations in court, raising questions about due process and the potential emotional toll on individuals involved in such orders. Balancing these concerns while aiming to improve public safety remains a significant challenge.
Texas Constitutional Statutes Affected
Penal Code
Chapter 37. Perjury And Other Falsification
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Section: New Section
Code Of Criminal Procedure
Chapter 7. Proceedings Before Magistrates To Prevent Offenses
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
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.