Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 3669 proposes an amendment to Section 46.01(3) of the Texas Penal Code, which defines the term "firearm" for the purposes of certain criminal offenses. The bill refines this definition by specifying certain devices that are not to be considered firearms. Specifically, it clarifies that antique or curio firearms manufactured before 1899, as well as their replicas—provided these replicas do not use rimfire or centerfire ammunition—are excluded from the statutory definition of a firearm. This change aligns the Penal Code more closely with federal definitions and longstanding exceptions recognized in firearms law.

Additionally, the bill explicitly excludes stun guns from the definition of “firearm” by referencing Section 38.14 of the Penal Code, which defines such devices separately. By doing so, the legislation provides clearer guidance to law enforcement and the courts, reducing ambiguity and the potential for overbroad application of criminal firearm statutes.

The legislation includes a standard savings clause, applying the new definition only to offenses committed on or after the effective date. Offenses occurring prior to that date would still be governed by the current law. The change aims to ensure fairness and consistency in future prosecutions while avoiding retroactive application.

The originally filed version of HB 3669 sought to amend the definition of “firearm” in Section 46.01(3) of the Texas Penal Code by explicitly excluding two categories: (1) certain antique or replica firearms, and (2) a newly defined category—“less-lethal projectile devices.” These less-lethal devices were defined in the new Subdivision (21) as weapons or munitions designed to incapacitate a target temporarily while minimizing risk of serious bodily injury or death.

In contrast, the Committee Substitute retains the clarification about antique and curio firearms but removes any reference to “less-lethal projectile devices.” Instead, it adds a new exclusion for “stun guns,” defined by referencing Section 38.14 of the Penal Code. This marks a significant shift in focus: from excluding tactical or law enforcement-oriented nonlethal weapons to excluding personal self-defense devices like stun guns.

Additionally, the Committee Substitute drops the proposed new statutory definition for “less-lethal projectile device,” thereby streamlining the Penal Code without expanding its definitional scope. The rest of the structure—particularly the savings clause and effective date—remains consistent between both versions.

In summary, while the original bill aimed to provide broader protections for law enforcement and crowd-control equipment by excluding less-lethal projectile devices, the substitute refocuses on civilian concerns, offering clarity around antique firearms and personal defense tools like stun guns.

Author

Ryan Guillen

Joseph Moody

Ann Johnson

A.J. Louderback

Co-Author

Hillary Hickland

Contact the Author

Rep. Ryan Guillen

Capitol Phone:

(512) 463-0416

Capitol Office:

CAP 3N.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3669 is not anticipated to have any significant fiscal impact on the State of Texas. The primary change proposed by the bill—clarifying that a stun gun is not included in the statutory definition of a "firearm"—is not expected to meaningfully alter criminal enforcement patterns or correctional resource demand at the state level.

Similarly, the bill is projected to have no significant fiscal impact on local governments. Activities such as enforcement, prosecution, supervision, or confinement related to firearm-related offenses are assumed to experience minimal to no change in volume or intensity as a result of the definitional adjustment. Thus, counties and municipalities are unlikely to incur new costs or require additional funding to implement this measure.

In effect, HB 3669 is a clarification-focused bill, not a regulatory or enforcement expansion. It adjusts the scope of criminal law without introducing new criminal offenses or altering penalties, which supports the projection of no notable budgetary consequences for either state or local governments.

Vote Recommendation Notes

HB 3669 is a targeted reform that modernizes the Texas Penal Code by clarifying that a stun gun is not classified as a "firearm" for the purpose of criminal weapons offenses. The current statutory language could be interpreted broadly enough to inadvertently criminalize the possession or use of nonlethal self-defense devices, such as stun guns, by law-abiding civilians or peace officers. This bill provides clarity that helps avoid such unintended prosecutions and ensures that criminal liability is appropriately tied to devices that pose a lethal threat.

The bill supports core liberty principles by preserving individual autonomy and the right to self-defense through lawful means. Excluding stun guns from the definition of firearms affirms that Texans can use reasonable, nonlethal tools for protection without being swept into criminal liability under laws meant for traditional firearms. This distinction is especially important given the increased adoption of stun guns and similar tools as defensive alternatives, both in law enforcement and civilian contexts.

From the perspective of limited government, the bill avoids unnecessary expansion of criminal statutes and enforcement discretion. By more precisely defining “firearm,” it reduces the risk of prosecutorial overreach and helps ensure that the criminal code is narrowly tailored to serve legitimate public safety purposes. Importantly, it does not add new offenses, increase penalties, or impose mandates—hallmarks of a restrained legislative approach.

In terms of fiscal and operational impact, the Legislative Budget Board determined that the bill carries no significant fiscal implications for state or local governments. It is not expected to affect correctional populations or require additional enforcement resources. As such, the bill achieves its legal clarity and liberty-preserving goals without creating new administrative burdens.

While the original version of the bill proposed excluding a broader category of “less-lethal projectile devices,” the Committee Substitute's narrower focus on stun guns may leave out other similar tools used for lawful self-defense. However, this narrower scope enhances legal precision and mitigates concerns about unintended loopholes or definitional ambiguity.

In sum, HB 3669 reinforces the right to self-defense, limits government reach, and improves statutory clarity without cost to the state. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 3669.

Individual Liberty: The bill enhances individual liberty by ensuring that Texans are not wrongfully prosecuted for possessing or using stun guns—a nonlethal form of self-defense. By excluding stun guns from the definition of “firearm” in the Penal Code, the legislation acknowledges the public’s right to choose effective but less-lethal means of personal protection without being subject to the legal restrictions or penalties associated with firearms. This protection of lawful conduct is a direct defense of civil liberty, particularly the right to defend oneself in a manner that is safe, responsible, and accessible.
Personal Responsibility: This legislation encourages personal responsibility by clearly delineating the types of weapons subject to criminal penalties. It informs individuals of the boundaries of lawful behavior and respects their ability to make informed decisions regarding self-defense. By legitimizing the use of stun guns outside of the firearm regulatory framework, the bill removes legal ambiguity and reduces the risk that responsible individuals could be penalized for lawful conduct.
Free Enterprise: Although not a primary focus of the bill, there are positive implications for free enterprise. Clarifying that stun guns are not firearms reduces legal uncertainty for retailers, distributors, and manufacturers of these devices. This encourages the lawful commerce of nonlethal personal protection tools, allowing consumers to access and businesses to offer these products without fear of inadvertently triggering firearm-related liabilities.
Private Property Rights: The bill reinforces the principle of private property rights by safeguarding the ability to lawfully possess stun guns in one’s home, vehicle, or person without undue legal restrictions. By removing stun guns from the definition of “firearm,” it ensures that these nonlethal items are not subject to restrictions on ownership, storage, or transport applicable to firearms under criminal statutes. This allows individuals greater freedom to manage their personal property consistent with their safety needs.
Limited Government: The bill advances limited government by narrowing the scope of the criminal code. It removes an area of potential overcriminalization where nonlethal behavior could be misclassified as a serious weapons offense. By doing so, it curtails unnecessary governmental power, fosters trust in law enforcement by aligning legal definitions with public understanding, and ensures that only truly dangerous conduct is subject to criminal penalty. This legislative precision reflects a disciplined approach to lawmaking that respects constitutional boundaries.

Related Legislation

SB 1456 (Same As)

View Bill Text and Status