Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1596 seeks to amend the Texas Penal Code by removing “short-barrel firearms” from the list of prohibited weapons under Section 46.05(a). As it currently stands, Texas law criminalizes the possession, manufacture, transportation, repair, or sale of short-barrel firearms, unless they are registered under the federal National Firearms Registration and Transfer Record or otherwise exempt. This bill would strike that provision, effectively decriminalizing these firearms under state law and placing sole reliance on federal regulation for their oversight.

Additionally, SB 1596 would revise related statutory language to maintain consistency. It eliminates a reference to short-barrel firearms in the affirmative defense section (Section 46.05(d)), which previously allowed a defense if the item was dealt with as a curio or antique. The bill also repeals the definition of "short-barrel firearm" found in Section 46.01(10) of the Penal Code, further solidifying its removal from the state's list of regulated weapons.

This legislative change is intended to streamline firearm laws by aligning state law with federal statutes. It represents a shift away from state-level prohibitions on certain firearms in favor of deferring to federal regulations, such as those enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Importantly, the bill specifies that these changes apply only to offenses committed on or after the act's effective date, preserving the legal framework for offenses that occurred prior to its implementation.

Author

Brent Hagenbuch

Contact the Author

Sen. Brent Hagenbuch

Capitol Phone:

(512) 463-0130

Capitol Office:

CAP GE.7

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1596 is expected to have no significant fiscal implications for the State of Texas. The bill removes short-barrel firearms from the category of prohibited weapons, thereby eliminating the felony offense of possessing, manufacturing, transporting, repairing, or selling such firearms under state law.

The fiscal analysis assumes that any resulting impact on the state’s correctional system—such as changes in arrests, prosecutions, or incarceration rates—would be minimal and not significant. This suggests the change would not substantially alter workloads or expenditures for the Texas Department of Criminal Justice or the judiciary.

Similarly, local governments are not expected to experience notable fiscal effects from the bill. Costs associated with law enforcement, legal proceedings, or local detention centers related to short-barrel firearm offenses are anticipated to be insignificant or negligible following the bill’s implementation.

Vote Recommendation Notes

SB 1596 proposes the removal of short-barrel firearms from the list of prohibited weapons in the Texas Penal Code. The bill reflects a response to recent federal regulatory changes—specifically, the ATF's 2023 rule reclassifying certain pistols with stabilizing braces as short-barreled rifles under the National Firearms Act. This federal shift has created a situation where weapons previously legal under state law are now deemed illegal unless registered and taxed. SB 1596 would resolve this discrepancy by aligning Texas law more closely with federal law and eliminating the state-level prohibition altogether.

From a liberty-focused perspective, the bill strongly supports individual liberty, particularly the right to keep and bear arms. It removes redundant state restrictions and entrusts firearm ownership regulation to existing federal systems. This reinforces personal responsibility by placing the onus on individuals to comply with federal firearm laws without layering state-level criminal penalties. The bill also affirms limited government by reducing the scope of state criminal statutes and avoiding unnecessary duplication of federal oversight.

Importantly, the Legislative Budget Board finds that the bill has no significant fiscal impact on the state or local governments. There are no new rulemaking authorities created and no expected increase in law enforcement or correctional burdens.

In light of its clear alignment with constitutional liberties, minimal fiscal impact, and removal of unnecessary legal complexity, Texas Policy Research recommends that lawmakers vote YES on SB 1596.

References

Related Legislation

HB 259 (Same As)

View Bill Text and Status