By: Dutton H.B. No. 504
73R2334 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the transfer of handguns and to the
1-3 inclusion of assault and semiautomatic rifles in the list of
1-4 prohibited weapons; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-7 Article 4413(29ee) to read as follows:
1-8 Art. 4413(29ee). HANDGUN TRANSFER PERMITS AND TRANSFER
1-9 REPORTS
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Dealer" means a person licensed to sell firearms
1-12 under Title 18, U.S.C., Chapter 44.
1-13 (2) "Handgun" has the meaning assigned by Section
1-14 46.01, Penal Code.
1-15 (3) "Involuntary transfer" means a transfer made
1-16 without the permission of the owner or person in control of the
1-17 handgun.
1-18 (4) "Transfer" means to sell, give, loan, assign, or
1-19 deliver to another, whether or not for consideration.
1-20 Sec. 2. PERMIT OR APPROVAL REQUIRED; CRIMINAL PENALTY. (a)
1-21 A person may not transfer a handgun to another unless the person
1-22 first:
1-23 (1) receives from the prospective transferee a current
1-24 handgun transfer permit issued in the name of the transferee in
2-1 accordance with this article; or
2-2 (2) files the report required by Section 11 of this
2-3 article and receives written notice of approval for the transfer
2-4 under Section 13 of this article.
2-5 (b) A person commits an offense if the person transfers a
2-6 handgun in violation of Subsection (a) of this section.
2-7 (c) An offense under this section is a felony of the third
2-8 degree.
2-9 Sec. 3. CIVIL LIABILITY. A dealer who transfers a handgun
2-10 to a person not eligible to obtain a handgun transfer permit under
2-11 Section 4 of this Act and who does not comply with Section 11 of
2-12 this Act is liable to a third person for damages caused by any
2-13 person using that handgun in the commission of a criminal act. The
2-14 dealer is liable for damages caused by the use of the handgun even
2-15 if the handgun is no longer in the possession of the original
2-16 transferee.
2-17 Sec. 4. ELIGIBILITY. A person is eligible to obtain a
2-18 handgun transfer permit under this article if the person:
2-19 (1) is at least 18 years old;
2-20 (2) has not been convicted of a felony whether or not
2-21 the conviction was probated;
2-22 (3) is not charged with the commission of a felony
2-23 under an information or indictment; and
2-24 (4) has not been declared mentally incompetent by a
2-25 court of competent jurisdiction.
2-26 Sec. 5. APPLICATION; CRIMINAL PENALTY. (a) A person may
2-27 apply for a handgun transfer permit by providing the following
3-1 information in writing to the chief of police of the municipality
3-2 in which the person resides or, if there is no chief of police, to
3-3 the county sheriff of the county in which the person resides:
3-4 (1) the applicant's name, residence address, telephone
3-5 number, and driver's license number;
3-6 (2) the applicant's sex, date of birth, height,
3-7 weight, and color of eyes; and
3-8 (3) a statement signed by the applicant that the
3-9 applicant is eligible under Section 4 of this article to obtain a
3-10 handgun transfer permit.
3-11 (b) At the time of application, the chief of police or
3-12 sheriff shall provide the applicant with a dated receipt for the
3-13 application.
3-14 (c) A person commits an offense if the person knowingly
3-15 makes a false statement in order to obtain a handgun transfer
3-16 permit.
3-17 (d) An offense under this section is a Class A misdemeanor.
3-18 Sec. 6. INVESTIGATION OF APPLICANT. The chief of police or
3-19 sheriff shall inquire of the Department of Public Safety as to
3-20 whether it maintains a criminal history record relating to the
3-21 applicant, and if so, as to what the record contains.
3-22 Sec. 7. PERMIT. (a) The chief of police or sheriff shall
3-23 issue a handgun transfer permit to the applicant unless the chief
3-24 or sheriff finds that the applicant is not eligible to obtain a
3-25 handgun transfer permit under Section 4 of this article. The chief
3-26 or sheriff shall issue or deny the permit not later than the 14th
3-27 day after the date of receipt of the items listed in Section 5 of
4-1 this article, but a permit issued after that day is valid if
4-2 otherwise issued in accordance with this section.
4-3 (b) If the chief of police or sheriff denies the
4-4 application, the chief or sheriff shall notify the applicant in
4-5 writing stating the reason for denial.
4-6 (c) The permit is effective statewide and expires one year
4-7 after the date of issuance.
4-8 (d) A permit issued under this article is not transferable.
4-9 Sec. 8. RENEWAL. A handgun transfer permit may be renewed
4-10 in the same manner and subject to the same provisions by which the
4-11 original permit was obtained.
4-12 Sec. 9. PERMIT VOIDED; CRIMINAL PENALTY. (a) A handgun
4-13 transfer permit is void at the time that the holder is no longer
4-14 eligible to obtain a permit under Section 4 of this article.
4-15 (b) The holder of a void permit commits an offense if the
4-16 holder fails to return the void permit to the issuing authority not
4-17 later than the fifth day after the date on which the permit became
4-18 void.
4-19 (c) An offense under this section is a Class A misdemeanor.
4-20 Sec. 10. APPEAL. A person whose application is denied under
4-21 Section 7 of this article may appeal the denial to a district court
4-22 having jurisdiction in the county in which the denial occurred.
4-23 Sec. 11. HANDGUN TRANSFER REPORT. (a) A person who agrees
4-24 to transfer a handgun to a proposed transferee who does not present
4-25 a current handgun transfer permit issued in the name of the
4-26 proposed transferee shall report the following information in
4-27 writing to the chief of police of the municipality or the sheriff
5-1 of the county in which the agreement is made:
5-2 (1) the name, residence address, telephone number, and
5-3 driver's license number of the proposed transferee;
5-4 (2) the sex, date of birth, height, weight, and color
5-5 of eyes of the proposed transferee;
5-6 (3) a statement by the proposed transferee that the
5-7 transferee is eligible to obtain a handgun transfer permit under
5-8 Section 4 of this article;
5-9 (4) the date of the agreement to transfer; and
5-10 (5) the address of the place of business of the
5-11 transferor, or if the transferor is not in the business of selling
5-12 weapons, the transferor's residence address.
5-13 (b) The report must be signed by the transferor and the
5-14 proposed transferee and delivered by the transferor to the chief of
5-15 police or sheriff not later than the third day after the date of
5-16 the agreement to transfer.
5-17 Sec. 12. INVESTIGATION OF TRANSFER REPORT. On receipt of a
5-18 handgun transfer report, the chief of police or sheriff shall check
5-19 the criminal history record information relating to the proposed
5-20 transferee in the same manner as provided by Section 6 of this
5-21 article.
5-22 Sec. 13. NOTICE OF APPROVAL OR DENIAL. (a) Not later than
5-23 the 14th day after receipt of the handgun transfer report under
5-24 Section 11 of this article, the chief of police or sheriff shall
5-25 notify the proposed transferor and transferee in writing of the
5-26 approval or denial of the transaction, stating in the notice the
5-27 date on which the chief of police or sheriff approved or denied the
6-1 transaction. The chief or sheriff may deny the transaction only if
6-2 the chief or sheriff determines that the proposed transferee is not
6-3 eligible under Section 4 of this article to receive a handgun
6-4 transfer permit. If the chief or sheriff determines that the
6-5 proposed transferee is not eligible, the notice must specify the
6-6 ground for the ineligibility and state in detail the proposed
6-7 transferee's right to appeal under Section 18 of this article.
6-8 (b) An approval of a transaction under Subsection (a) of
6-9 this section expires one year after the date stated in the notice
6-10 of approval as the date of approval.
6-11 Sec. 14. ADDITIONAL PURCHASES. If a transferor makes a
6-12 handgun transfer report as required by Section 11 of this article
6-13 and the transferor receives the written approval of the chief of
6-14 police or sheriff to complete the transaction, an additional report
6-15 or investigation is not required by this article for any additional
6-16 transfers made between that transferor and that transferee before
6-17 the 31st day after the date on which delivery of the first handgun
6-18 is made.
6-19 Sec. 15. NUMBER OF HANDGUNS. Any number of handguns may be
6-20 the subject of a single handgun transfer agreement and report, and
6-21 this article does not limit or restrict the number of handguns a
6-22 person may acquire.
6-23 Sec. 16. FORMS; COST. (a) A chief of police and a sheriff
6-24 shall make handgun transfer permit applications and report forms
6-25 available throughout the municipality or county.
6-26 (b) A municipality or county may charge a reasonable fee not
6-27 to exceed $10 for the services and materials provided by the
7-1 municipality or county in connection with a handgun transfer under
7-2 this article.
7-3 Sec. 17. EXCEPTIONS. This article does not apply to the
7-4 following handgun transfers:
7-5 (1) transfers by order of court;
7-6 (2) involuntary transfers;
7-7 (3) transfers at death;
7-8 (4) the delivery of a handgun to a person for the
7-9 purpose of repair, reconditioning, or remodeling;
7-10 (5) a loan by a teacher to a student in a course
7-11 designed to teach marksmanship or safety with a handgun;
7-12 (6) a loan between persons at a firearms collectors'
7-13 exhibition;
7-14 (7) a loan between persons lawfully engaged in hunting
7-15 or target shooting if the loan is intended for a period of no more
7-16 than 12 hours; or
7-17 (8) a loan between peace officers.
7-18 Sec. 18. APPEAL OF DENIAL. A person who receives notice of
7-19 a denial under Section 13 of this article may appeal the denial to
7-20 a district court having jurisdiction in the county in which the
7-21 denial occurred.
7-22 Sec. 19. TRANSFER TO AN UNKNOWN PERSON; CRIMINAL PENALTY.
7-23 (a) A person commits an offense if the person transfers a handgun
7-24 to another who is not personally known to the transferor unless the
7-25 proposed transferee presents to the transferor an apparently valid
7-26 Texas driver's license or an identification card issued by the
7-27 Department of Public Safety and containing a physical description
8-1 consistent with the person's appearance.
8-2 (b) An offense under this section is a Class A misdemeanor.
8-3 SECTION 2. Chapter 46, Penal Code, is amended by adding
8-4 Section 46.011 to read as follows:
8-5 Sec. 46.011. ASSAULT WEAPONS. (a) "Assault weapon" means:
8-6 (1) a semiautomatic action, centerfire rifle capable
8-7 of accepting or holding a detachable magazine that holds 20 rounds
8-8 or more;
8-9 (2) a semiautomatic shotgun with a barrel length of
8-10 less than 19 inches and a folding stock or a magazine capable of
8-11 holding more than six rounds;
8-12 (3) a semiautomatic handgun that is a modification of
8-13 a weapon described by Subdivision (1) of this subsection;
8-14 (4) a semiautomatic handgun originally designed by the
8-15 manufacturer to be capable of accepting or holding a magazine that
8-16 holds 20 rounds or more, except that for semiautomatic handguns in
8-17 production before January 1, 1994, the term is limited to:
8-18 (A) Action Arms UZI;
8-19 (B) Auto Ordinance Thompson 1927 AI;
8-20 (C) Encom MP-9 and MP-45;
8-21 (D) Federal Engineering Corporation XP 900 and
8-22 XP 450;
8-23 (E) Goncz Company High Tech;
8-24 (F) Homes Firearms MP 83;
8-25 (G) MAC 10 and MAC 11;
8-26 (H) INTRATEC TEC-9;
8-27 (I) Iver Johnson Enforcer;
9-1 (J) Mitchell Arms Spectre Auto;
9-2 (K) Sterling MK-7; or
9-3 (L) Wilkinson Linda;
9-4 (5) a firearm that can easily be restored to an
9-5 operable assault weapon described by this subsection;
9-6 (6) a part, piece, or device or combination of parts,
9-7 pieces, or devices of a firearm that were designed or intended for
9-8 the purpose of converting a firearm into an assault weapon
9-9 described by this subsection; or
9-10 (7) a firearm with the following characteristics:
9-11 (A) a shorter length than widely accepted
9-12 recreational firearms;
9-13 (B) a folding stock;
9-14 (C) an original design for military use;
9-15 (D) a greater rate of fire or firing capacity
9-16 than reasonably necessary for legitimate sports or recreational
9-17 activities; or
9-18 (E) a uniquely or particularly lethal nature.
9-19 (b) "Assault weapon" does not include:
9-20 (1) a firearm that:
9-21 (A) does not use fixed ammunition;
9-22 (B) has a manually operated bolt-action;
9-23 (C) has lever-action;
9-24 (D) has slide-action;
9-25 (E) has multiple barrels;
9-26 (F) has a revolving cylinder;
9-27 (G) is a semiautomatic with a fixed magazine
10-1 capacity of 10 rounds or less;
10-2 (H) is a semiautomatic that exclusively uses
10-3 Mannlicher-style clips;
10-4 (I) is a rimfire weapon that employs a tubular
10-5 magazine; or
10-6 (J) uses .22 caliber rimfire ammunition;
10-7 (2) an assault weapon that has been modified to be
10-8 permanently inoperable or to make it a device no longer defined as
10-9 an assault weapon;
10-10 (3) the following rifles:
10-11 (A) Browning Automatic Rifle;
10-12 (B) Browning High-Power Auto Rifle;
10-13 (C) Egyptian Makim;
10-14 (D) Egyptian Rashid Commando Carbine;
10-15 (E) Fabrique National FN Model 49;
10-16 (F) Hakim Rashid;
10-17 (G) Harrington and Richards 300 Series;
10-18 (H) Heckler and Koch Models 630, 940, SL6, and
10-19 SL7;
10-20 (I) Marlin Camp Carbine 9mm;
10-21 (J) Marlin Model 45 Carbine;
10-22 (K) Mossberg Model 1500;
10-23 (L) M1 Garand;
10-24 (M) M1 Carbine;
10-25 (N) M1941 Johnson Simonov SKS Type 56 (with
10-26 nondetachable 10-round fixed magazine);
10-27 (O) Remington Models 4, 6, 742, and 7400;
11-1 (P) Remington Model 742 BOL Rifle;
11-2 (Q) Remington "Sportsman" 74 Autoloader;
11-3 (R) Remington Woodmaster Carbine Model 742;
11-4 (S) Ruger .44 Magnum Carbine;
11-5 (T) Simonov Type 56;
11-6 (U) Springfield Armory MIA;
11-7 (V) Valmet Hunter;
11-8 (W) Voere Model 2185; or
11-9 (X) Winchester Models 100, 1907, and 1910; or
11-10 (4) the following shotguns:
11-11 (A) Armalite AR-17;
11-12 (B) Benelli M121-M1;
11-13 (C) Browning Auto-5;
11-14 (D) Browning BPS;
11-15 (E) Browning Sweet Sixteen Auto-5;
11-16 (F) Browning B-80 Gas-operated;
11-17 (G) Browning B-80 Upland Special;
11-18 (H) Browning Model A-500;
11-19 (I) Beretta Model A302 Mag Action & Multi-choke;
11-20 (J) Beretta Model A303;
11-21 (K) Beretta Model A303 Competition Trap;
11-22 (L) Beretta Model AL (under six-round magazine);
11-23 (M) Charles Daly Gas Automatic;
11-24 (N) Franchi Standard Automatic;
11-25 (O) Franchi Mode 48/AL Ultra Light;
11-26 (P) Franchi Prestige and Elite Models;
11-27 (Q) High Standard Supermatic;
12-1 (R) Ithaca Model 51a;
12-2 (S) Ithaca Model Mag 10;
12-3 (T) Ithaca XL900;
12-4 (U) Ithaca XL300;
12-5 (V) Mossberg Model 712 Autoloader;
12-6 (W) Mossberg Model 1000;
12-7 (X) Remington Model 11-87 Series;
12-8 (Y) Remington Model 1100 Series;
12-9 (Z) Smith and Wesson Model 1000;
12-10 (AA) Tradewinds H-170 Auto Shotgun;
12-11 (BB) Universal Auto Wing Shotgun;
12-12 (CC) Weatherby Centurion Auto;
12-13 (DD) Weatherby Model 82 Automatic 1MC;
12-14 (EE) Winchester Model 1400; or
12-15 (FF) Winchester Ranger.
12-16 (c) A firearm is semiautomatic if the firearm fires a single
12-17 projectile for each single pull of the trigger, automatically
12-18 rechambers the next round for firing, and employs a magazine.
12-19 SECTION 3. Section 46.06(a), Penal Code, is amended to read
12-20 as follows:
12-21 (a) A person commits an offense if he intentionally or
12-22 knowingly possesses, manufactures, transports, repairs, or sells:
12-23 (1) an explosive weapon;
12-24 (2) a machine gun;
12-25 (3) a short-barrel firearm;
12-26 (4) a firearm silencer;
12-27 (5) a switchblade knife;
13-1 (6) knuckles;
13-2 (7) armor-piercing ammunition;
13-3 (8) a chemical dispensing device; <or>
13-4 (9) a zip gun; or
13-5 (10) an assault weapon.
13-6 SECTION 4. Subtitle C, Title 3, Government Code, is amended
13-7 by adding Chapter 331 to read as follows:
13-8 CHAPTER 331. LEGISLATIVE ASSAULT WEAPONS COMMISSION
13-9 Sec. 331.001. LEGISLATIVE ASSAULT WEAPONS COMMISSION. (a)
13-10 The Legislative Assault Weapons Commission is an agency of the
13-11 legislative branch of state government.
13-12 (b) The commission is composed of the members of the House
13-13 Committee on Public Safety and the members of the Senate Criminal
13-14 Justice Committee.
13-15 Sec. 331.002. CHAIRMAN. The chairman of the Senate Criminal
13-16 Justice Committee and the chairman of the House Committee on Public
13-17 Safety alternate serving as chairman and vice-chairman of the
13-18 commission. Each term as chairman is for two years concurrent with
13-19 the fiscal biennium.
13-20 Sec. 331.003. QUORUM. A majority of the members of the
13-21 commission constitutes a quorum of the commission for the
13-22 transaction of business.
13-23 Sec. 331.004. MEETINGS. The commission shall meet at least
13-24 quarterly and at other times at the call of the chair.
13-25 Sec. 331.005. DUTIES. (a) The commission shall review the
13-26 assault weapons listed in Section 46.011, Penal Code.
13-27 (b) The commission shall consider the following factors in
14-1 making a determination of whether a weapon should be included in
14-2 that list of assault weapons:
14-3 (1) the usefulness and actual use of the weapon for
14-4 hunting, target practice, or other sport or recreational
14-5 activities;
14-6 (2) the weapon's history of and potential for use in
14-7 criminal activities;
14-8 (3) the length of the firearm in comparison to widely
14-9 accepted hunting or recreational firearms;
14-10 (4) the use of a folding stock;
14-11 (5) an original design for military use;
14-12 (6) a greater rate of fire or firing capacity than
14-13 reasonably necessary for legitimate sports or recreational
14-14 activities; and
14-15 (7) a uniquely and particularly lethal nature.
14-16 (c) The commission shall make recommendations to the
14-17 legislature concerning weapons that should be added to or deleted
14-18 from the statutory list of assault weapons.
14-19 SECTION 5. (a) Except as provided by Subsection (b) of this
14-20 section, this Act takes effect September 1, 1993.
14-21 (b) Section 1 of this Act takes effect January 1, 1994.
14-22 SECTION 6. The importance of this legislation and the
14-23 crowded condition of the calendars in both houses create an
14-24 emergency and an imperative public necessity that the
14-25 constitutional rule requiring bills to be read on three several
14-26 days in each house be suspended, and this rule is hereby suspended.