By Dutton H.B. No. 1121
74R4363 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of possessing, manufacturing, transporting,
1-3 repairing, or selling a prohibited weapon.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.01, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 46.01. Definitions. In this chapter:
1-8 (1) "Club" means an instrument that is specially
1-9 designed, made, or adapted for the purpose of inflicting serious
1-10 bodily injury or death by striking a person with the instrument,
1-11 and includes but is not limited to the following:
1-12 (A) blackjack;
1-13 (B) nightstick;
1-14 (C) mace;
1-15 (D) tomahawk.
1-16 (2) "Explosive weapon" means any explosive or
1-17 incendiary bomb, grenade, rocket, or mine, that is designed, made,
1-18 or adapted for the purpose of inflicting serious bodily injury,
1-19 death, or substantial property damage, or for the principal purpose
1-20 of causing such a loud report as to cause undue public alarm or
1-21 terror, and includes a device designed, made, or adapted for
1-22 delivery or shooting an explosive weapon.
1-23 (3) "Firearm" means any device designed, made, or
1-24 adapted to expel a projectile through a barrel by using the energy
2-1 generated by an explosion or burning substance or any device
2-2 readily convertible to that use. Firearm does not include antique
2-3 or curio firearms that were manufactured prior to 1899 and that may
2-4 have, as an integral part, a folding knife blade or other
2-5 characteristics of weapons made illegal by this chapter.
2-6 (4) "Firearm silencer" means any device designed,
2-7 made, or adapted to muffle the report of a firearm.
2-8 (5) "Handgun" means any firearm that is designed,
2-9 made, or adapted to be fired with one hand.
2-10 (6) "Illegal knife" means a:
2-11 (A) knife with a blade over five and one-half
2-12 inches;
2-13 (B) hand instrument designed to cut or stab
2-14 another by being thrown;
2-15 (C) dagger, including but not limited to a dirk,
2-16 stilletto, and poniard;
2-17 (D) bowie knife;
2-18 (E) sword; or
2-19 (F) spear.
2-20 (7) "Knife" means any bladed hand instrument that is
2-21 capable of inflicting serious bodily injury or death by cutting or
2-22 stabbing a person with the instrument.
2-23 (8) "Knuckles" means any instrument that consists of
2-24 finger rings or guards made of a hard substance and that is
2-25 designed, made, or adapted for the purpose of inflicting serious
2-26 bodily injury or death by striking a person with a fist enclosed in
2-27 the knuckles.
3-1 (9) "Machine gun" means any firearm that is capable of
3-2 shooting more than two shots automatically, without manual
3-3 reloading, by a single function of the trigger.
3-4 (10) "Short-barrel firearm" means a rifle with a
3-5 barrel length of less than 16 inches or a shotgun with a barrel
3-6 length of less than 18 inches, or any weapon made from a shotgun or
3-7 rifle if, as altered, it has an overall length of less than 26
3-8 inches.
3-9 (11) <"Switchblade knife" means any knife that has a
3-10 blade that folds, closes, or retracts into the handle or sheath,
3-11 and that:>
3-12 <(A) opens automatically by pressure applied to
3-13 a button or other device located on the handle; or>
3-14 <(B) opens or releases a blade from the handle
3-15 or sheath by the force of gravity or by the application of
3-16 centrifugal force.>
3-17 <(12)> "Armor-piercing ammunition" means handgun
3-18 ammunition that is designed primarily for the purpose of
3-19 penetrating metal or body armor and to be used principally in
3-20 pistols and revolvers.
3-21 (12) <(13)> "Hoax bomb" means a device that:
3-22 (A) reasonably appears to be an explosive or
3-23 incendiary device; or
3-24 (B) by its design causes alarm or reaction of
3-25 any type by an official of a public safety agency or a volunteer
3-26 agency organized to deal with emergencies.
3-27 (13) <(14)> "Chemical dispensing device" means a
4-1 device, other than a small chemical dispenser sold commercially for
4-2 personal protection, that is designed, made, or adapted for the
4-3 purpose of dispensing a substance capable of causing an adverse
4-4 psychological or physiological effect on a human being.
4-5 (14) <(15)> "Racetrack" has the meaning assigned that
4-6 term by the Texas Racing Act (Article 179e, Vernon's Texas Civil
4-7 Statutes).
4-8 (15) <(16)> "Zip gun" means a device or combination of
4-9 devices that was not originally a firearm and is adapted to expel a
4-10 projectile through a smooth-bore or rifled-bore barrel by using the
4-11 energy generated by an explosion or burning substance.
4-12 SECTION 2. Sections 46.05(a) and (d), Penal Code, are
4-13 amended to read as follows:
4-14 (a) A person commits an offense if he intentionally or
4-15 knowingly possesses, manufactures, transports, repairs, or sells:
4-16 (1) an explosive weapon;
4-17 (2) a machine gun;
4-18 (3) a short-barrel firearm;
4-19 (4) a firearm silencer;
4-20 (5) <a switchblade knife;>
4-21 <(6)> knuckles;
4-22 (6) <(7)> armor-piercing ammunition;
4-23 (7) <(8)> a chemical dispensing device; or
4-24 (8) <(9)> a zip gun.
4-25 (d) It is an affirmative defense to prosecution under this
4-26 section that the actor's conduct:
4-27 (1) was incidental to dealing with a <switchblade
5-1 knife,> springblade knife<,> or short-barrel firearm solely as an
5-2 antique or curio; or
5-3 (2) was incidental to dealing with armor-piercing
5-4 ammunition solely for the purpose of making the ammunition
5-5 available to an organization, agency, or institution listed in
5-6 Subsection (b).
5-7 SECTION 3. (a) The change in law made by this Act applies
5-8 only to an offense committed on or after the effective date of this
5-9 Act. For purposes of this section, an offense is committed before
5-10 the effective date of this Act if any element of the offense occurs
5-11 before the effective date.
5-12 (b) An offense committed before the effective date of this
5-13 Act is covered by the law in effect when the offense was committed,
5-14 and the former law is continued in effect for that purpose.
5-15 SECTION 4. This Act takes effect September 1, 1995.
5-16 SECTION 5. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.