Texas Senate Bill SB1326

Texas 2025 - 89th Regular

• Filed: 2/14/25

Caption

Relating to civil liability arising from a firearm hold agreement.

Impact

One of the key provisions of SB1326 is the immunity from civil liability granted to federal firearms licensees under certain conditions. Under this bill, these licensees will not be held liable for personal injury or death resulting from actions taken during a firearm hold agreement, including the return of the firearm to the owner. This immunity is intended to protect licensees from lawsuits related to the handling of firearms in these specific agreements, provided that they operate within the bounds of the law and do not engage in gross negligence or unlawful conduct.

Summary

SB1326 seeks to establish provisions for civil liability arising from firearm hold agreements in Texas. Specifically, the bill amends the Civil Practice and Remedies Code to introduce a new subchapter that governs the relationship between federal firearms licensees and individual firearm owners. In a firearm hold agreement, the licensee takes physical possession of an owner’s legally possessed firearm for a specified period before returning it. This legal framework aims to clarify the nature of these transactions and the responsibilities of each party involved.

Contention

While proponents of SB1326 argue that the bill provides necessary protections for licensees and facilitates lawful transactions, potential points of contention arise regarding the implied reduction of accountability for firearms dealings. Critics may argue that granting such broad immunity could lead to a lack of responsibility among licensees, which may jeopardize public safety, especially if it allows for negligent behaviors to go unchecked. Furthermore, the specification that this immunity applies only after the bill's effective date may raise concerns about the legal standing of previous firearm hold agreements and any liabilities associated with them.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 128. Limitation On Suits Against Sport Shooting Range Or Firearms Or Ammunition Manufacturer, Trade Association, Or Seller
  • Section: New Section