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HB 1040

Relating to the prosecution of the offense of possessing or carrying certain weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

89th Legislature (2025) Introduced by Christian Manuel and 1 co-sponsor

HB 1040 establishes criminal penalties for carrying specified weapons in disability service facilities and residences to protect vulnerable individuals with intellectual and developmental disabilities.

Referred to Homeland Security, Public Safety & Veterans' Affairs
#assistedlivingfacilities(s0617) #crimes--miscellaneous(i0200) #disabilities #personswith(i0380) #joshua'sact(ps9oo) #mentalhealth&substanceabuse(i0019) #weapons(i0887)
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Bill Summary · HB 1040

Legislative bill overview

HB 1040 creates or modifies criminal penalties for possessing or carrying certain weapons in facilities or residences that provide services to individuals with intellectual or developmental disabilities. The bill specifically targets prosecutorial treatment of such weapon offenses in these disability service settings.

Why is this important

Facilities serving individuals with intellectual and developmental disabilities (IDD) house vulnerable populations who may be at increased risk in the presence of weapons. This legislation addresses safety concerns in these environments by establishing specific legal frameworks for weapon-related offenses, potentially creating distinct penalties or prosecution standards compared to general weapon possession laws.

Potential points of contention

  • Second Amendment concerns: Gun rights advocates may argue the bill improperly restricts firearm possession rights in ways that exceed reasonable safety measures
  • Definition clarity: Ambiguity over which weapons are "certain weapons" and how broadly or narrowly facilities are defined could create enforcement inconsistencies
  • Scope of coverage: Debate over whether restrictions should apply equally to staff, visitors, and residents, and whether residential care facilities should face the same rules as public service centers

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

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