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.