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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a person convicted of an offense involving |
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family violence or a person who is the subject of a family violence |
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protective order to surrender firearms owned by the person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 68 to read as follows: |
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CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN OFFENSES |
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OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS |
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Art. 68.01. APPLICABILITY. This chapter applies to a |
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person who: |
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(1) is convicted of an offense involving family |
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violence, as defined by Section 71.004, Family Code; |
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(2) is the subject of a protective order under Chapter |
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85, Family Code; or |
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(3) is the subject of a magistrate's order for |
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emergency protection under Article 17.292 following an arrest for |
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an offense involving family violence. |
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Art. 68.02. NOTICE AND ORDER TO SURRENDER FIREARM. On |
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conviction of a person for an offense described by Article 68.01(1) |
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or issuance of an order described by Article 68.01(2) or (3), the |
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court shall: |
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(1) provide written notice to the person who was |
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convicted or who is the subject of the order that the person is |
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prohibited from acquiring, possessing, or controlling a firearm |
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under 18 U.S.C. Section 922(g); and |
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(2) order the person to surrender all firearms the |
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person owns in the manner provided by Article 68.03 not later than |
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the seventh day after: |
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(A) the date the person receives notice under |
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this article; or |
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(B) if the person was taken into custody |
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immediately after conviction, the date the person is released from |
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confinement. |
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Art. 68.03. SURRENDER OF FIREARM. A person required to |
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surrender a firearm under Article 68.02 shall surrender the firearm |
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by: |
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(1) regardless of the reason for which the person is |
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required to surrender the firearm, releasing the firearm to the |
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person's designee, if the designee provides to the court of |
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conviction or the court issuing the order, as applicable, a signed |
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affidavit affirming that the designee: |
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(A) may lawfully possess a firearm under 18 |
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U.S.C. Section 922(g) and under the law of this state; and |
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(B) has taken possession of the firearm; |
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(2) selling the firearm to a person who is a licensed |
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firearms dealer under 18 U.S.C. Section 923, regardless of the |
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reason for which the person is required to surrender the firearm; |
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(3) surrendering the firearm to a law enforcement |
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agency for holding in the manner described by Article 68.05, if the |
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person is required to surrender the firearm based on: |
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(A) a conviction described by Article 68.01(1) |
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that the person intends to appeal; or |
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(B) an order described by Article 68.01(2) or |
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(3); or |
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(4) surrendering the firearm to a law enforcement |
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agency for disposition in the manner provided by Article 68.06, if |
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the person is required to surrender the firearm based on a |
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conviction described by Article 68.01(1) that the person does not |
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intend to appeal. |
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Art. 68.04. REQUIRED DOCUMENTATION. (a) A person subject |
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to an order under Article 68.02 who does not own a firearm shall |
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submit to the court a signed affidavit affirming that the person |
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does not own a firearm. |
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(b) A licensed firearms dealer who takes possession of a |
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firearm from a person required to surrender the firearm under |
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Article 68.02 shall immediately provide the person with a written |
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receipt for the firearm, and the person shall file the receipt with |
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the court. |
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Art. 68.05. HOLDING OF FIREARM SURRENDERED TO LAW |
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ENFORCEMENT AGENCY. (a) A law enforcement agency that takes |
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possession of a firearm under Article 68.03(3) shall immediately |
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provide the person surrendering the firearm a written receipt for |
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the firearm and a written notice of the procedure for the return of |
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the firearm under this article. |
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(b) A person who receives a receipt under Subsection (a) |
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shall file the receipt with the court. |
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(c) Not later than the 30th day after the date of any of the |
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following, the clerk of the court shall notify the law enforcement |
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agency that, as applicable: |
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(1) the conviction for which the person was required |
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to surrender the person's firearm became final; |
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(2) the conviction for which the person was required |
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to surrender the person's firearm was vacated, dismissed, reversed |
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on appeal, or otherwise fully discharged or the person received a |
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full pardon for the conviction; or |
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(3) the order for which the person was required to |
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surrender the person's firearm has expired. |
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(d) Not later than the 30th day after the date the law |
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enforcement agency holding a firearm subject to disposition under |
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this article receives the notice described by Subsection (c)(2) or |
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(3), the law enforcement agency shall conduct a check of state and |
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national criminal history record information to verify whether the |
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person may lawfully possess a firearm under 18 U.S.C. Section |
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922(g) and under the law of this state. |
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(e) If the check conducted under Subsection (d) verifies |
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that the person may lawfully possess a firearm, the law enforcement |
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agency shall provide to the person by certified mail written notice |
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stating that the firearm may be returned to the person if, before |
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the 121st day after the date of the notice, the person submits a |
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written request for the return of the firearm. |
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(f) If the law enforcement agency receives notice under |
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Subsection (c)(1) or if the check conducted under Subsection (d) |
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shows that the person may not lawfully possess a firearm, the law |
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enforcement agency shall provide to the person by certified mail |
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written notice stating that the person: |
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(1) may not lawfully possess a firearm under 18 U.S.C. |
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Section 922(g) or under the law of this state; and |
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(2) may dispose of the firearm by releasing the |
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firearm to: |
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(A) the person's designee if: |
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(i) the person requests that disposition |
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before the 121st day after the date of the notice; and |
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(ii) the designee provides to the law |
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enforcement agency a signed affidavit affirming that the designee |
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may lawfully possess a firearm under 18 U.S.C. Section 922(g) and |
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under the law of this state; or |
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(B) the law enforcement agency holding the |
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firearm, for disposition in the manner provided by Article 68.06. |
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Art. 68.06. DISPOSITION OF FIREARM SURRENDERED TO LAW |
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ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for |
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a firearm surrendered to the law enforcement agency under this |
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chapter to be sold by a person who is a licensed firearms dealer |
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under 18 U.S.C. Section 923 if: |
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(1) the firearm was surrendered under Article 68.03(3) |
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and the person who surrendered the firearm did not respond to notice |
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under Article 68.05(e) or (f) before the 121st day after the date of |
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the notice; or |
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(2) the firearm was surrendered under Article |
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68.03(4). |
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(b) The proceeds from the sale of a firearm under this |
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article shall be paid to the owner of the firearm, less the cost of |
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administering this article and, if applicable, Article 68.05 with |
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respect to the firearm. |
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(c) An unclaimed firearm that is surrendered as provided by |
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this chapter may not be destroyed or forfeited to the state. |
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Art. 68.07. FORM OF AFFIDAVITS. The Office of Court |
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Administration of the Texas Judicial System shall adopt model |
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affidavits for purposes of Articles 68.03, 68.04, and 68.05. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a person who is convicted of an offense described by Article |
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68.01(1), Code of Criminal Procedure, as added by this Act, on or |
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after January 1, 2022, or who is the subject of an order described |
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by Article 68.01(2) or (3), Code of Criminal Procedure, as added by |
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this Act, that is issued on or after that date. A person who is |
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convicted of an offense before January 1, 2022, or who is the |
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subject of an order issued before that date is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall adopt the model affidavits required by Article 68.07, |
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Code of Criminal Procedure, as added by this Act, not later than |
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December 1, 2021. |
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SECTION 3. This Act takes effect September 1, 2021. |