HBA-NLM H.B. 199 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 199 By: Burnam Criminal Jurisprudence 2/9/1999 Introduced BACKGROUND AND PURPOSE Currently, minors are not prohibited from possessing legal-length shotguns and rifles in public. Gang-related violence and the use of long guns by teenagers contribute to the public concern regarding this issue. H.B.199 establishes that a minor who possesses a firearm other than a handgun commits a Class A misdemeanor. This bill also provides an exception for a minor under the supervision of a parent or legal guardian while engaging in lawful hunting or other sporting activities. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 46, Penal Code, by adding Section 46.021, as follows: Sec. 46.021. UNLAWFUL POSSESSION OF CERTAIN FIREARMS BY MINOR. Defines "minor." Specifies that a minor commits a Class A misdemeanor if the minor possesses a firearm other than a handgun. Establishes that it is an affirmative defense to prosecution under this section if at the time of commission of the offense the minor is engaging in lawful hunting or other sporting activity on the immediate premises or was directly en route between the premises and the minor's residence if a firearm is commonly used in the activity and the minor possesses a hunting license, or if the minor is accompanied by a parent or legal guardian. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.