Widens the five-year firearm bar for family violence assault.
This bill widens the Texas rule that bars people convicted of family violence assault from possessing a firearm for five years after they finish jail or probation. Today the ban covers only Class A misdemeanor assault against a family or household member, and the bill extends it to any misdemeanor assault, including lower-level ones, against a family member, household member, or dating partner. More people with these convictions would commit an offense by possessing a gun during the five-year window, starting with offenses committed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 482 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 482 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Homeland Security, Public Safety & Veterans' Affairs committee. No public hearing. The bill died.
relating to the prohibition on the possession of a firearm by a
person following the person's conviction of certain family violence
misdemeanors.
WHAT IT DOES
Widens the five-year firearm bar for family violence assault.
This bill widens the Texas rule that bars people convicted of family violence assault from possessing a firearm for five years after they finish jail or probation. Today the ban covers only Class A misdemeanor assault against a family or household member, and the bill extends it to any misdemeanor assault, including lower-level ones, against a family member, household member, or dating partner. More people with these convictions would commit an offense by possessing a gun during the five-year window, starting with offenses committed on or after September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
Filed
Read first time
Referred to Homeland Security, Public Safety & Veterans' Affairs
89R5039 MCF-D
By: Meza
H.B. No. 396
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition on the possession of a firearm by a
person following the person's conviction of certain family violence
misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.04(b), Penal Code, is amended to read
as follows:
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a [ Class A ] misdemeanor and committed
against an individual whose relationship to or association with the
person is described by Section 71.0021(b), 71.003, or 71.005,
Family Code [ involving a member of the person's family or
household ], commits an offense if the person possesses a firearm
before the fifth anniversary of the later of:
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2025.