TEXAS – A bill that would remove short-barrel firearms from Texas’ list of prohibited weapons was debated Monday before the Homeland Security, Public Safety and Veterans’ Affairs Committee.
The Senate debated an identical bill in March. House Bill 259 was filed by State Rep. Richard Hayes/R-Dist. 57.
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A short-barrel firearm is defined as a rifle with a barrel shorter than 16 inches, a shotgun with a barrel shorter than 18 inches, or a shotgun or rifle shorter than 26 inches in total length. Hayes and other lawmakers filed these bills in response to the growing use of stabilizing braces with pistols.
The concern comes from the Bureau of Alcohol, Tobacco, Firearms and Explosive’s back-and-forth stance on whether a brace turns a pistol into a short-barrel firearm.
In 2023, the ATF issued a final rule essentially stating braces do create a short-barrel firearm. However, the 8th Circuit Court of Appeals blocked the rule from taking effect, calling it “overly broad.”
The ATF told KPRC 2 it is now reviewing that rule and its stance on stabilizing braces.
Hayes further outlines his reasons for filing the bill in the below letter to KPRC 2.
A third bill has also been filed on this issue. House Bill 2882 would keep short-barrel firearms on the list of prohibited weapons, but reads “The term does not include a handgun equipped with a stabilizing brace designed to assist a person with handling the handgun with one hand.”
This bill was filed by State Rep. Carrie Isaac/R-Dist. 73. The bill was left pending in committee.
HB 259 was left pending in committee, while it’s “twin” in the Senate was voted out of committee and is awaiting a full vote in the upper chamber.
Currently, it is both a federal and state crime to own a short-barrel firearm unless the owner registers the weapons with the ATF, goes through a background check, and pays a $200 tax.