Texas House Bill HB1908

Texas 2025 - 89th Regular

• Filed: 1/16/25

Caption

Relating to the carrying of a handgun while intoxicated and to the possession or carrying of a handgun by a license holder in certain locations selling or serving alcoholic beverages.

Impact

The legislation is expected to create a significant change in how intoxication is defined within the context of carrying firearms. By establishing that carrying a handgun by a licensed individual while not intoxicated is a valid defense against prosecution, the bill could reduce the number of cases where responsible gun holders face legal repercussions for carrying their firearms in public settings, particularly in bars and restaurants. This change may foster a more permissive approach to concealed carry laws in social environments involving alcohol.

Summary

House Bill 1908 proposes amendments to the Texas Penal Code regarding the carrying of handguns by licensed individuals while intoxicated. The bill specifically addresses the conditions under which a license holder can possess or carry a handgun in establishments that serve or sell alcoholic beverages. By clarifying the legal definitions related to intoxication and establishing specific defenses against prosecution, HB1908 aims to ensure that responsible gun ownership is not unjustly penalized under circumstances involving alcohol consumption.

Contention

Notable points of contention surrounding HB1908 include concerns over public safety and the potential for increased incidents of gun-related violence in establishments serving alcohol. Critics argue that allowing licensed handgun carriers to be intoxicated undermines the broader goal of promoting responsible gun ownership and could lead to dangerous situations. Proponents, however, argue for personal freedom and the right of responsible citizens to carry their firearms without fear of unwarranted prosecution, even when patronizing venues that serve alcohol.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: 01
  • Section: 03

Government Code

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