District and county attorneys sit out federal gun enforcement.
The bill bars Texas district and county attorneys from acting as lawyers in federal court cases that enforce federal laws, orders, rules or regulations that claim to regulate guns, gun accessories or ammunition. It touches local prosecutors and the federal cases they might otherwise join or assist on. Starting September 1, 2025, local prosecutors could no longer serve as counsel in those federal gun-enforcement cases, with gun accessories defined to include detachable magazines.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 325 (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 325 (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 State Affairs committee. No public hearing. The bill died.
relating to a district or county attorney participating as counsel
in certain proceedings in federal court.
WHAT IT DOES
District and county attorneys sit out federal gun enforcement.
The bill bars Texas district and county attorneys from acting as lawyers in federal court cases that enforce federal laws, orders, rules or regulations that claim to regulate guns, gun accessories or ammunition. It touches local prosecutors and the federal cases they might otherwise join or assist on. Starting September 1, 2025, local prosecutors could no longer serve as counsel in those federal gun-enforcement cases, with gun accessories defined to include detachable magazines.
House committee · State Affairs · Final status: Died in committee
Subjects
Courts--Prosecuting Attorneys
Weapons
FEDERAL RELATIONS
Text
The text as introduced · 168 words
By: Toth
H.B. No. 958
A BILL TO BE ENTITLED
AN ACT
relating to a district or county attorney participating as counsel
in certain proceedings in federal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.08, Code of Criminal Procedure, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A district or county attorney may not be of counsel in a
proceeding in federal court involving enforcement of a federal
statute, order, rule, or regulation purporting to regulate a
firearm, firearm accessory, or ammunition.
(d) For purposes of Subsection (c):
(1) "Ammunition" has the meaning assigned by Section
229.001, Local Government Code.
(2) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(3) "Firearm accessory" means an item that is used in
conjunction with or mounted on a firearm but is not essential to the
basic function of the firearm. The term includes a detachable
firearm magazine.
SECTION 2. This Act takes effect September 1, 2025.