Texas Senate Bill SB2195

Texas 2025 - 89th Regular

• Filed: 3/11/25

Caption

Relating to the reporting of certain orders and convictions to the Department of Public Safety and Federal Bureau of Investigation for use with the National Instant Criminal Background Check System for the transfer of firearms.

Impact

This legislation seeks to tighten the regulations surrounding the ownership of firearms by those convicted of domestic violence or subject to protective orders. By reducing the reporting timeframe to within days, the law intends to increase the responsiveness of local law enforcement and the efficacy of the National Instant Criminal Background Check System (NICS). This could potentially lead to a decrease in gun violence associated with domestic abuse scenarios, strengthening protective measures for victims.

Summary

SB2195 aims to enhance the reporting process regarding protective orders and convictions related to family violence to the Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI). The bill mandates that law enforcement agencies enter specific information concerning protective orders and family violence misdemeanor convictions into the statewide law enforcement information system and then report that data to national databases used for background checks related to firearm transfers. This approach is intended to ensure that individuals prohibited from possessing firearms due to such convictions are effectively tracked and prevented from acquiring firearms legally.

Contention

However, the bill may face opposition based on concerns regarding privacy and the implications of swift reporting. Critics could argue that immediate reporting might infringe on the rights of individuals’ due process, especially if orders or convictions are contested. Furthermore, while the bill seems to support public safety, advocates for gun rights might view it as an overreach, arguing that it could lead to unjust disqualifications from firearm ownership, particularly in cases where the context of the conviction is considered less severe.

Implementation_details

The effectiveness of SB2195 will depend on how well local law enforcement agencies can adapt to the new reporting requirements and whether they possess the necessary infrastructure to comply efficiently. The act is set to take effect on September 1, 2025, which provides a timeline for agencies to prepare and ensure that systems are in place to handle and report the required information in accordance compliance with the updated law.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

• Chapter 66. Criminal History Record System
  • Section: New Section

Government Code

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