Relating to federal firearm reporting for persons recently released from emergency detention.
Impact
The impact of HB 2161 is significant as it addresses the intersection of mental health and firearm possession. Currently, state statutes deal with emergency detentions and the rights of those detained. However, with this bill, there would be a clearer framework for sharing information that identifies individuals who cannot legally possess firearms due to past mental health commitments. The legislation is positioned to protect public safety by ensuring that individuals released from emergency detention are reported to federal authorities for background checks.
Summary
House Bill 2161 aims to enhance federal firearm reporting related to individuals who have recently been released from emergency detention in Texas. The bill outlines that when a person is detained under specific mental health circumstances, there are procedures to report their status to the Department of Public Safety, which in turn informs the Federal Bureau of Investigation for the National Instant Criminal Background Check System. By establishing a protocol for reporting this information, the bill seeks to prevent individuals who are prohibited from purchasing firearms under federal law from doing so immediately upon their release.
Contention
Notable points of contention surrounding this bill may arise from the implications for personal privacy and the rights of individuals with mental health issues. Advocates for mental health reform might argue that increased reporting could deter individuals from seeking necessary help due to fears of stigma or legal repercussions regarding gun ownership. Meanwhile, proponents of firearm regulations may argue that this bill is a necessary step to ensure public safety by preventing individuals who have been deemed a risk from obtaining firearms. The balance between protecting individual rights and safeguarding community safety will likely remain a polarizing topic of discussion.
Texas Constitutional Statutes Affected
Health And Safety Code
Chapter 573. Emergency Detention
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.
Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.
Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.
Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.
Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.