Bills › 90th General Assembly
Relating to damages against participants in firearms regulation violations by political subdivisions, and including effective date provisions
Sponsored by the House Public Safety Committee
Topics:Courts & civil lawFirearmsCities & counties
Same legislation: HF 518
Where it is now
- Done: IntroducedMarch 1, 2023
- Done: SubcommitteeJanuary 24, 2024
- Done: House committeeFebruary 14, 2024
- Done: Passes the HouseFebruary 29, 202484–11
- Done: Senate committeeMarch 13, 2024
- Done: Passes the SenateApril 11, 202440–5
- Done: To the GovernorApril 23, 2024
- Done: Signed into lawMay 1, 2024
Signed into law What’s a funnel?
What’s in it
AI summary If a local government entity breaks rules regarding firearm regulations, they can be sued for damages. Courts would now require those who participated in the violation to pay a daily fine to the government unit involved. These daily payments range from $100 to $500, or higher amounts if the person knew they were breaking the law.1
Read the official explanation
This bill relates to damages against participants in firearms regulation violations by political subdivisions. Under current law, if a political subdivision violates the prohibition against firearms regulation, a person adversely affected may file suit in the appropriate court for declaratory and injunctive relief and all damages attributable to the violation. A court is required to award the prevailing party in any such lawsuit reasonable attorney fees and court costs. In addition to such damages, the bill requires the court to assess damages against participants in the violation in the amount of not more than $500 and not less than $100 per day, or if a person knowingly participated in such a violation, in the amount of not more than $2,500 and not less than $1,000 per day. Damages under the bill are paid by the court to the political subdivision in question. Provisions similar to the bill’s requirements apply under current law to open records violations (Code chapter 22).
Why it matters. People who are adversely affected by a local government's violation of firearms regulations could sue for damages and attorney fees. Courts would assess daily penalties against those participating in the violation, with amounts ranging from $100 to $500 per day, or between $1,000 and $2,500 per day if the participation was knowing. These assessed damages would be paid by the court to the political subdivision involved.2
Changed since by amendments H-8110, H-8095; see Amendments.
Senate subcommittee
Named March 5, 2024. Meeting: Tuesday, March 12 · 11:00 AM · Senate Lounge.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
3 written public comments to its subcommittee: March 12, 2024 (1), February 5, 2024 (1), January 30, 2024 (1) · on the Legislature’s site
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90th General Assembly