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Bill

HB 3876

Relating to the definition of firearm for purposes of certain criminal offenses.

89th Legislature (2025) Introduced by Joe Moody

Texas bill redefines "firearm" for criminal law purposes, potentially expanding or restricting which weapons trigger criminal charges and sentencing penalties.

Referred to Homeland Security, Public Safety & Veterans' Affairs
#crimes--miscellaneous(i0200) #weapons(i0887)
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Bill Summary · HB 3876

Legislative bill overview

HB 3876 modifies how firearms are legally defined for purposes of criminal prosecution in Texas. The bill appears to adjust the statutory definition to potentially include or exclude certain weapon categories from firearm classification under criminal law. The specific substantive changes would depend on comparing the proposed definition to current Texas Penal Code §46.01.

Why is this important

How firearms are legally defined directly affects which weapons trigger felony charges, sentencing enhancements, and criminal liability. A narrower definition could shield certain weapons from prosecution as firearms, while a broader one could expand criminal exposure. This affects both law enforcement enforcement discretion and individual legal liability.

Potential points of contention

  • Ghost guns and untraceable weapons: Whether 3D-printed or partially completed firearms should be included in the legal definition
  • Replica and imitation firearms: The threshold for distinguishing actual firearms from realistic-looking non-functional replicas or airsoft weapons
  • Prosecutorial consistency: Whether changes create confusion or loopholes in how different weapons are charged across jurisdictions
  • Second Amendment implications: Whether modifications affect the scope of protected versus prosecutable weapon ownership

Compiled from official sources — confirm details with the bill’s official record.

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