The Texas Senate will continue hearing pro-gun legislation on Thursday, March 12, 2025. The Senate State Affairs Committee is scheduled to hold a hearing on Senate Bill 1596, filed by Senator Brent Hagenbuch. This legislation seeks to remove state-level prohibitions on short-barrel firearms, aligning Texas law more closely with federal standards under the National Firearms Act (NFA).
SB 1596 serves as the Senate companion to House Bill 259 (HB 259), filed by Representative Richard Hayes. Together, these bills represent a significant push by Texas lawmakers to roll back outdated restrictions that unfairly target law-abiding gun owners.
What SB 1596 Would Do
SB 1596 would amend Sections 46.05(a) and (d) of the Texas Penal Code, specifically removing “short-barrel firearms” from the list of prohibited weapons. It would also repeal Section 46.01(10), which currently defines what constitutes a short-barrel firearm under Texas law.
This means that, if passed, Texans would no longer face state-level criminal penalties for possessing, manufacturing, transporting, or selling short-barrel firearms. However, these firearms would still be subject to federal regulation under the National Firearms Act (NFA).
Implications Under Federal Law
The NFA requires that short-barrel firearms be registered and taxed. Texans who wish to possess or transfer these firearms must still comply with federal registration and background check requirements. Failure to comply with these federal regulations can result in significant penalties, including imprisonment.
Will SB 1596 Face the Same Challenges as the Texas Suppressor Law?
The “Made in Texas” Suppressor law, which was passed in 2021, aimed to exempt suppressors made and kept within Texas from federal regulation. However, it quickly became mired in legal challenges, with courts affirming that federal law supersedes state legislation under the Supremacy Clause of the Constitution.
While SB 1596 would remove state-level restrictions, it does not attempt to nullify federal law. Texans could legally own short-barrel firearms under state law, but those firearms would still need to be properly registered with the federal government.
Lawmakers must be clear that this bill does not exempt Texans from NFA compliance but instead removes redundant and unnecessary state-level restrictions.
Why SB 1596 Matters
Supporters of the bill argue that Texas’ current prohibition on short-barrel firearms is an outdated restriction that unfairly targets law-abiding citizens. They emphasize that firearms are already subject to extensive federal regulation, and state laws only serve to duplicate bureaucratic red tape.
Moreover, advocates argue that the current restrictions violate the Second Amendment, especially in light of recent Supreme Court decisions that emphasize the constitutional right to bear arms.
Opponents of the bill, however, argue that deregulating short-barrel firearms could increase the risk of criminal misuse, despite little evidence that legally owned short-barrel firearms contribute to crime.
The hearing for SB 1596 is scheduled for a hearing in the Senate Chamber on Thursday, March 13, 2025 at 9AM.