HBA-EDN H.B. 193 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 193
By: Burnam
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, minors are not prohibited from possessing long-length
shotguns or rifles in public. Although it may be acceptable for a minor to
possess a rifle or shotgun in public under certain circumstances such as
participating in or en route to a sporting event or hunting activity or if
the minor is accompanied by a parent or guardian, there are other
circumstances under which a minor who possesses a shotgun or rifle could
potentially pose a threat to public safety.  House Bill 193 provides that a
minor commits a Class A misdemeanor if the minor is in possession of a
firearm other than a handgun but provides an affirmative defense to
prosecution under certain circumstances.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 193 amends the Penal Code to provide that a minor commits a
Class A misdemeanor offense if the minor possesses a firearm other than a
handgun.  The bill provides that it is an affirmative defense to
prosecution that the actor was, at the time of the commission of the
offense, engaging in lawful hunting or other sporting activity on the
immediate premises where the activity is conducted, or was directly en
route between the premises and the actor's residence, if a firearm is
commonly used in the activity and the actor possesses a hunting license, or
the minor was accompanied by a parent or legal guardian.      
  
EFFECTIVE DATE

September 1, 2001.