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by baldeagle
Sat May 18, 2013 1:48 pm
Forum: 2013 Texas Legislative Session
Topic: HB 485, HB 972 & HB 1349 on today's Intent Calendar
Replies: 12
Views: 8346

Re: HB 485, HB 972 & HB 1349 on today's Intent Calendar

Doh! Sorry about that. It was HB 1314 not HB 1349. Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.16 to read as follows:
Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who
is an officer or employee of the United States, this state, or a
political subdivision of this state commits an offense if the
person, while acting under color of the person's office or
employment, intentionally or knowingly seizes a firearm as
permitted or required by a federal statute, order, rule, or
regulation that:
(1) imposes a prohibition, restriction, or other
regulation on firearms that does not exist under the laws of this
state; and
(2) violates the United States Constitution.
(b) For purposes of this section, a person acts under color
of the person's office or employment if the person acts or purports
to act in an official capacity or takes advantage of such actual or
purported capacity.
(c) An offense under this section is a Class A misdemeanor.
The concern expressed is that aggressive prosecutors would be pursuing LEOs who confiscate someone's weapons in the course of a seizure of other property (such as drugs). The argument seemed rather silly to me, but Whitmire seemed quite irritated about it.
by baldeagle
Fri May 17, 2013 8:48 pm
Forum: 2013 Texas Legislative Session
Topic: HB 485, HB 972 & HB 1349 on today's Intent Calendar
Replies: 12
Views: 8346

Re: HB 485, HB 972 & HB 1349 on today's Intent Calendar

HB 485 passed. HB 1349 was pulled down when Senator Whitmire (Dean of the Senate) lectured Senator Patrick about bringing up such a controversial bill so late in the day. (Patrick didn't take too kindly to the lecture and stood his ground but out of respect for the Senate he pulled it down.) I suspect that's why Birdwell didn't even bother to bring HB 972 for a vote. Expect fireworks next week.

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