By Naishtat H.B. No. 3127
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the lawful transfer or purchase of a handgun; requiring
1-3 a handgun proficiency safety training course; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.06, Penal Code, is amended by amending
1-6 Subsection (a) and adding Subsection (e) to read as follows:
1-7 (a) A person commits an offense if the person <he>:
1-8 (1) sells, rents, leases, loans, or gives a handgun to
1-9 any person knowing that the person to whom the handgun is to be
1-10 delivered:
1-11 (A) intends to use it unlawfully or in the
1-12 commission of an unlawful act; or
1-13 (B) refuses or is unable to display to the actor
1-14 a certificate indicating the person's successful completion of a
1-15 handgun proficiency and safety course that is approved by the
1-16 National Rifle Association.
1-17 (2) intentionally or knowingly sells, rents, leases,
1-18 or gives or offers to sell, rent, lease, or give to any child
1-19 younger than 18 years any firearm, club, or illegal knife;
1-20 (3) intentionally, knowingly, or recklessly sells a
1-21 firearm or ammunition for a firearm to any person who is
1-22 intoxicated; or
1-23 (4) knowingly sells a firearm or ammunition for a
2-1 firearm to any person who has been convicted of a felony before the
2-2 fifth anniversary of the later of the following dates:
2-3 (A) the person's release from confinement
2-4 following conviction of the felony; or
2-5 (B) the person's release from supervision under
2-6 community supervision, parole, or mandatory supervision following
2-7 conviction of the felony.
2-8 (e) It is an exception to the application of Subsection
2-9 (a)(1)(B) that the person to whom the handgun is to be delivered
2-10 was, at the time of the commission of the offense, a peace officer.
2-11 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-12 Section 46.065 to read as follows:
2-13 Sec. 46.065. UNLAWFUL PURCHASE OF HANDGUN. (a) A person
2-14 commits an offense if the person:
2-15 (1) purchases a handgun; and
2-16 (2) does not display to the person selling the handgun
2-17 a certificate indicating the actor's successful completion of a
2-18 handgun proficiency and safety course that is approved by the
2-19 National Rifle Association.
2-20 (b) An offense under this section is a Class A misdemeanor.
2-21 (c) It is an exception to the application of this section
2-22 that the actor was, at the time of the commission of the offense, a
2-23 peace officer.
2-24 SECTION 3. This Act takes effect September 1, 1995.
2-25 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.