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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of unlawful transfer of handguns and other |
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firearms and to the duties of certain entities with respect to |
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handgun licenses that are active, suspended, or revoked; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1805 to read as follows: |
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Sec. 411.1805. DATABASE OF SUSPENDED AND REVOKED LICENSES. |
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(a) The department shall maintain a current record of license |
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numbers with respect to each unexpired license to carry a handgun |
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that is suspended or revoked under this subchapter. |
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(b) Notwithstanding Section 411.192, the department shall |
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make available on the department's publicly accessible Internet |
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website a searchable database of license numbers that allows a |
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person transferring a firearm to determine whether the person to |
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whom the firearm is being transferred may use the license as a |
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permit described by 18 U.S.C. Section 922(t). The department may |
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not include any information that would otherwise identify the |
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person to whom the license was issued. |
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(c) Not later than the fifth working day after the |
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applicable period of suspension ends for a license, the department |
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shall update the database under Subsection (b) to reflect that the |
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license is no longer suspended. |
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(d) If a revoked license is reinstated, the department shall |
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update the database under Subsection (b) to reflect that |
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reinstatement not later than the fifth working day after the |
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reinstatement occurs. |
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(e) The director may adopt rules to implement this section. |
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SECTION 2. Section 411.186, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If a peace officer believes a reason listed in |
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Subsection (a) to revoke a license exists, the officer shall |
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prepare an affidavit on a form provided by the department stating |
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the reason for the revocation of the license and giving the |
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department all of the information available to the officer at the |
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time of the preparation of the form. The officer shall attach the |
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officer's reports relating to the license holder to the form and |
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send the form and attachments to the appropriate division of the |
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department at its Austin headquarters not later than the fifth |
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working day after the date the form is prepared. The officer shall |
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send a copy of the form and the attachments to the license holder. |
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If the license holder has not surrendered the license or the license |
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was not seized as evidence or otherwise in conjunction with a legal |
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proceeding, the license holder shall surrender the license to the |
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appropriate division of the department not later than the 10th day |
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after the date the license holder receives the notice of revocation |
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from the department, unless the license holder requests a hearing |
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from the department. The license holder may request that the |
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justice court in the justice court precinct in which the license |
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holder resides review the revocation as provided by Section |
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411.180. If a request is made for the justice court to review the |
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revocation and hold a hearing, the license holder shall surrender |
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the license on the date an order of revocation is entered by the |
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justice court. |
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(b-1) If an officer of the court seizes or accepts surrender |
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of a license under Section 411.2065, the officer shall submit the |
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license to the department at its Austin headquarters not later than |
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the fifth working day after the date the license is seized or |
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surrendered. The officer shall include a copy of any court order, |
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judgment, or other documentation relevant to the reason for the |
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seizure or surrender of the license. |
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SECTION 3. Section 411.187, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If a peace officer believes a reason listed in |
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Subsection (a) to suspend a license exists, the officer shall |
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prepare an affidavit on a form provided by the department stating |
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the reason for the suspension of the license and giving the |
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department all of the information available to the officer at the |
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time of the preparation of the form. The officer shall attach the |
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officer's reports relating to the license holder to the form and |
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send the form and the attachments to the appropriate division of the |
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department at its Austin headquarters not later than the fifth |
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working day after the date the form is prepared. The officer shall |
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send a copy of the form and the attachments to the license holder. |
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If the license holder has not surrendered the license or the license |
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was not seized as evidence or otherwise in conjunction with a legal |
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proceeding, the license holder shall surrender the license to the |
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appropriate division of the department not later than the 10th day |
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after the date the license holder receives the notice of suspension |
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from the department unless the license holder requests a hearing |
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from the department. The license holder may request that the |
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justice court in the justice court precinct in which the license |
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holder resides review the suspension as provided by Section |
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411.180. If a request is made for the justice court to review the |
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suspension and hold a hearing, the license holder shall surrender |
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the license on the date an order of suspension is entered by the |
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justice court. |
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(b-1) If an officer of the court seizes or accepts surrender |
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of a license under Section 411.2065, the officer shall submit the |
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license to the department at its Austin headquarters not later than |
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the fifth working day after the date the license is seized or |
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surrendered. The officer shall include a copy of any court order, |
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judgment, or other documentation relevant to the reason for the |
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seizure or surrender of the license. |
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SECTION 4. The heading to Section 411.206, Government Code, |
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is amended to read as follows: |
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Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE |
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OFFICER. |
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SECTION 5. Section 411.206, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A peace officer may seize a license holder's suspended |
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or revoked license. A peace officer who seizes a license under this |
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subsection shall, not later than the fifth working day after the |
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date of the seizure, return the license to the department or, if the |
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officer seizes the license as evidence of an offense, notify the |
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department that the license was seized. |
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SECTION 6. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.2065 to read as follows: |
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Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF |
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LICENSE TO COURT OFFICER. (a) If a license holder is convicted of |
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or charged with an offense or becomes the subject of a protective |
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order and that conviction, charge, or order disqualifies the person |
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from possessing a firearm or continuing to hold a license under this |
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chapter, an officer of the court shall accept voluntary surrender |
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of the license or otherwise seize the license, as appropriate. |
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(b) An officer who seizes or accepts surrender of a license |
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under this section shall, not later than the fifth working day after |
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the date of the seizure or acceptance, submit to the department the |
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license and copies of the relevant court documentation as provided |
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by Section 411.186(b-1) or 411.187(b-1), as applicable. |
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SECTION 7. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS |
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Sec. 411.221. DEFINITIONS. In this subchapter: |
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(1) "License" means a license to carry a handgun |
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issued under Subchapter H. |
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(2) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS. |
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(a) A licensed firearms dealer may not sell or otherwise transfer a |
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firearm to a person who presents an apparently valid unexpired |
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license as a permit described by 18 U.S.C. Section 922(t) unless the |
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dealer first verifies that the license is not currently suspended |
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or revoked. |
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(b) The licensed firearms dealer may verify the status of |
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the person's license under Subsection (a) either by direct |
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communication with the department or by referencing the database of |
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licenses that is maintained on the department's Internet website |
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under Section 411.1805. |
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(c) If the licensed firearms dealer determines under |
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Subsection (a) that the license is suspended or revoked, the |
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dealer: |
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(1) may not consider the fact that the person |
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previously held a valid license and the fact that the person no |
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longer holds a valid license in determining whether transferring a |
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firearm to that person is prohibited by state or federal law; and |
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(2) not later than the fifth working day after the date |
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of the determination, shall notify the department that: |
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(A) during the applicable transaction, the |
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person presented a license to the dealer in lieu of submitting to |
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the national instant criminal background check in accordance with |
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18 U.S.C. Section 922; |
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(B) the license was suspended or revoked; and |
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(C) either the person: |
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(i) failed the national instant criminal |
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background check; or |
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(ii) refused to complete the sale or |
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transfer after presenting the suspended or revoked license. |
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SECTION 8. Section 46.06(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a firearm |
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[handgun] to any person knowing that the person to whom the firearm |
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[handgun] is to be delivered intends to use it unlawfully or in the |
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commission of an unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a firearm |
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[handgun] to any person knowing that an active protective order is |
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directed to the person to whom the firearm [handgun] is to be |
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delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a firearm [handgun] while an active |
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protective order is directed to the actor; [or] |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a [licensed] firearms dealer |
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licensed under [, as defined by] 18 U.S.C. Section 923; or |
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(8) knows that the person's license to carry a handgun |
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has been suspended or revoked and that the person is prohibited by |
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state or federal law from possessing a firearm and, for the purpose |
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of obtaining a firearm, knowingly presents the suspended or revoked |
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license as evidence that the person is not prohibited by state or |
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federal law from possessing a firearm. |
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SECTION 9. The Department of Public Safety shall establish |
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the database required under Section 411.1805, Government Code, as |
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added by this Act, and make the database available on the |
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department's Internet website not later than January 1, 2024. |
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SECTION 10. Subchapter H-1, Chapter 411, Government Code, |
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as added by this Act, applies only to a firearm transfer that occurs |
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on or after January 1, 2024. |
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SECTION 11. Section 46.06, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 12. This Act takes effect September 1, 2023. |