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TSRA ‘Bad’ TX Bills List - 2/4/19

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  • toddnjoyce

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    Sep 27, 2017
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    "House Bill 1207 by Rep. Eddie Rodriguez (D-Austin) makes it a crime for a person to fail to report a lost or stolen firearm within five days of the person becoming aware that the gun was lost or stolen."

    As long as the penalty isn't rediculous, is there a reason to be against this one?

    On its face, the intention may be honorable. How does the government prove you are the owner of the lost or stolen firearm?
    Capitol Armory ad
     

    Coiled

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    Fair point Todd. But, is the bill "brief" in the OP the entire bill? I suspect not but haven't looked it up.
     

    Coiled

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    I don't see most not reporting a stolen firearm as soon as it's discovered stolen. But to put a time limit on it does more harm then good to the honest guy who discovers it on day 6.
    A situation where a family member steals a gun from a person with more then a few guns would turn that person into a criminal simply because he doesn't do a weekly inventory.
    Personally there are guns in my safes that I don't handle on a weekly basis. Some I may see once every six months or so to wipe down and oil.
    I don't see such government regulation doing anything to lessen crimes committed with stolen guns or lessen their availability on the street.
    Agree with 1st n last sentence. Otherwise, you kinda need to reread the bill. :)
     

    toddnjoyce

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    Fair point Todd. But, is the bill "brief" in the OP the entire bill? I suspect not but haven't looked it up.

    Short story: the bill says report you lost something, then gives broad latitude for the state to say you didn’t notify soon enough. In return, they can deny you an LTC for up to five years.

    Additionally, DPS will be keeping a record of you having reported to gun lost or stolen.

    Full Tex here:

    https://capitol.texas.gov/tlodocs/86R/billtext/html/HB01207I.htm

    Pertinent portions:

    Art. 42.0184. NOTICE OF FAILURE TO REPORT LOST OR STOLEN
    FIREARM. Not later than the fifth day after the date a person is convicted of or placed on deferred adjudication community supervision for an offense under Section 46.135, Penal Code, the clerk of the court in which the judgment of conviction or order of deferred adjudication community supervision is entered shall provide to the Department of Public Safety written notice of the conviction or deferred adjudication, including the following information as established by the record in the case:
    (1) the name of the defendant and any available information about the firearm that was lost or stolen;
    (2) the date that the defendant became aware the firearm was lost or stolen; and
    (3) the date by which the defendant should have reported the loss or theft to a peace officer or law enforcement

    ...

    (b) The department shall maintain a report received under Subsection (a) or notice received under Article 42.0184, Code of Criminal Procedure, until the fifth anniversary of the date that the owner whose firearm is the subject of the report became aware the firearm was lost or stolen.

    ...

    SECTION 3. Section 411.172(a), Government Code, is amended to read as follows:....
    (7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
    (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense, [or] of an offense under Section 42.01, Penal Code, or equivalent offense, or of an offense under Section 46.135 Penal Code;

    SECTION 6. Chapter 46, Penal Code, is amended by adding
    Section 46.135 to read as follows:
    Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
    A person commits an offense if the person:
    (1) owns a firearm that is subsequently lost by or stolen from the person; and
    (2) fails to report the loss or theft, or cause a report of the loss or theft to be made, to a peace officer or law enforcement agency on or before the fifth day after the date the person became aware the firearm was lost or stolen.
    (b) An offense under this section is a Class C misdemeanor.
    (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
     

    Hoji

    Bowling-Pin Commando
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    May 28, 2008
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    Mustang Ridge
    Short story: the bill says report you lost something, then gives broad latitude for the state to say you didn’t notify soon enough. In return, they can deny you an LTC for up to five years.

    Additionally, DPS will be keeping a record of you having reported to gun lost or stolen.

    Full Tex here:

    https://capitol.texas.gov/tlodocs/86R/billtext/html/HB01207I.htm

    Pertinent portions:

    Art. 42.0184. NOTICE OF FAILURE TO REPORT LOST OR STOLEN
    FIREARM. Not later than the fifth day after the date a person is convicted of or placed on deferred adjudication community supervision for an offense under Section 46.135, Penal Code, the clerk of the court in which the judgment of conviction or order of deferred adjudication community supervision is entered shall provide to the Department of Public Safety written notice of the conviction or deferred adjudication, including the following information as established by the record in the case:
    (1) the name of the defendant and any available information about the firearm that was lost or stolen;
    (2) the date that the defendant became aware the firearm was lost or stolen; and
    (3) the date by which the defendant should have reported the loss or theft to a peace officer or law enforcement

    ...

    (b) The department shall maintain a report received under Subsection (a) or notice received under Article 42.0184, Code of Criminal Procedure, until the fifth anniversary of the date that the owner whose firearm is the subject of the report became aware the firearm was lost or stolen.

    ...

    SECTION 3. Section 411.172(a), Government Code, is amended to read as follows:....
    (7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
    (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense, [or] of an offense under Section 42.01, Penal Code, or equivalent offense, or of an offense under Section 46.135 Penal Code;

    SECTION 6. Chapter 46, Penal Code, is amended by adding
    Section 46.135 to read as follows:
    Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
    A person commits an offense if the person:
    (1) owns a firearm that is subsequently lost by or stolen from the person; and
    (2) fails to report the loss or theft, or cause a report of the loss or theft to be made, to a peace officer or law enforcement agency on or before the fifth day after the date the person became aware the firearm was lost or stolen.
    (b) An offense under this section is a Class C misdemeanor.
    (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
    Sounds a lot like a backdoor registration scheme.
     
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