Relating to creating a criminal offense for the unlawful possession or transfer of a large-capacity magazine.
The inclusion of such a law would likely address concerns regarding gun violence, as large-capacity magazines are often associated with mass shootings. Supporters of the bill argue that it is a necessary measure to curtail the availability of high-capacity magazines, thereby enhancing public safety. By criminalizing the possession and transfer of these devices, the bill aims to reduce their circulation among the general public, especially in light of rising concerns about gun-related incidents.
House Bill 481 proposes the establishment of a criminal offense concerning the unlawful possession or transfer of large-capacity magazines in Texas. The bill defines a 'large-capacity magazine' as a detachable ammunition feeding device that can accept more than 10 rounds of ammunition. However, the definition excludes certain types of devices, such as those designed for specific firearms, to prevent undue restrictions on legitimate uses of firearms. If enacted, the bill would amend Chapter 46 of the Texas Penal Code to include this new legislation.
Conversely, the bill may face significant opposition from gun rights advocates who view it as an infringement on Second Amendment rights. Critics might argue that such measures can prevent law-abiding citizens from accessing tools they need for self-defense and recreational shooting. Additionally, there may be concerns around the practicality of enforcement and the implications for existing gun owners who legally possessed large-capacity magazines prior to the bill's implementation.
The bill includes specific provisions that act as defenses against prosecution for individuals who were in lawful possession of a large-capacity magazine before the bill takes effect on September 1, 2025. This grace period allows current magazine owners to comply with the new law without facing legal repercussions, highlighting an attempt to balance regulation with respect for existing rights.