Texas House Bill HB857

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.

Impact

The bill introduces significant changes to how firearm disposals are managed within the Texas legal framework. By requiring court involvement in the notification and disposal process, it seeks to enhance public safety and limit access to firearms for individuals deemed a risk due to past behavior. This legislation is expected to reinforce existing laws regarding firearm possession conditions and coordinate efforts between courts and law enforcement in monitoring compliance.

Summary

House Bill 857 aims to establish clear procedures regarding the disposal of firearms by individuals who are legally prohibited from owning or possessing them. Specifically, the bill targets persons convicted of family violence offenses or felonies, as well as those subject to protective orders or certain bond conditions. Under the proposed legislation, upon conviction or issuance of a protective order, the court is mandated to notify the individual of their prohibition and order the disposal of any firearms in their possession within a stipulated time frame.

Contention

There may be contention surrounding HB 857, particularly regarding the implications for individuals subject to protective orders. Some may argue that the mandated disposal of firearms could infringe on personal rights or complicate the circumstances for individuals seeking protection. Conversely, proponents highlight the necessity of ensuring that potentially dangerous individuals do not have access to firearms, thus aiming to prevent further instances of violence. The balance between public safety and individual rights remains a critical discussion point in the legislative discourse surrounding this bill.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section

• Chapter 17. Bail
  • Section: 292

Family Code

• Chapter 85. Issuance Of Protective Order
  • Section: 026