SRC-JBJ S.B. 316 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 316
76R773 KEL-DBy: Ellis
Criminal Justice
2/22/1999
As Filed


DIGEST 

Currently, a dealer of firearms may trade a  handgun without including a
trigger lock.  A trigger lock wraps around the trigger of a gun, similar in
design to a padlock; immobilizes the firearm; and prevents accidental
discharge of the gun from restricted users, such as children.
Approximately 500 children and teens die each year in the United States
from accidental discharge of firearms.  At the same time, homicide by a
handgun is three times more likely in homes where firearms are stored, and
suicide is five times more likely.  Trigger locks may prevent a further
increase in homicide.  S.B. 316 would create a Class C misdemeanor offense
for firearms dealers (licensed under Chapter 44, 18 U.S.C.) who sell or
provide firearms to a person and do not sell or provide trigger locks
intended to prevent accidental discharge. 

PURPOSE

As proposed, S.B. 316 creates an offense for a dealer of firearms who
sells, rents, leases, loans, or gives a person a firearm without a trigger
lock. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 46, Penal Code, by adding Section 46.061, as
follows: 

Sec. 46.061.  TRANSFER OF FIREARM BY DEALER.  Defines "dealer of firearms."
Establishes that a dealer of firearms commits an offense if the dealer
sells, rents, leases, loans, or gives a firearm to a person and does not
sell, rent, lease, loan or give to the person a trigger lock or similar
device to prevent accidental discharge.  Provides that an offense under
this section is a Class C misdemeanor. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.