HB 1314

83(R) - 2013
2nd Amendment

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Positive
  • Positive


Brandon Creighton

Bill Caption

Relating to the unlawful seizure of a firearm by a governmental officer or employee.

Fiscal Notes

No significant fiscal impact is anticipated on the State or local governments.

Bill Analysis

Summary: HB 1314 would prevent a federal employee from seizing a firearm under federal statute that does not exist under Texas law. The penalty under this bill is a Class A misdemeanor. This bill exempts seizures from being unlawful if the federal statute is consistent with the United States Constitution. If a prosecutor proves the federal statute is unconstitutional, the exemption is negated.

Analysis: HB 1314 promotes individual liberty by attempting to deter unconstitutional federal gun seizures. Additionally, this bill protects property rights by punishing an unlawful seizure of property. For these reasons, TPPA recommends voting YES on HB 1314.