By Burnam H.B. No. 194
77R674 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of and the punishment for the offense
1-3 of unlawful transfer of certain weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.06, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A
1-8 person commits an offense if the person:
1-9 (1) sells, rents, leases, loans, or gives a firearm
1-10 [handgun] to any person knowing that the person to whom the firearm
1-11 [handgun] is to be delivered intends to use it unlawfully or in the
1-12 commission of an unlawful act;
1-13 (2) [intentionally or knowingly] sells, rents, leases,
1-14 or gives or offers to sell, rent, lease, or give to any child
1-15 younger than 18 years any firearm, club, or illegal knife;
1-16 (3) intentionally, knowingly, or recklessly sells a
1-17 firearm or ammunition for a firearm to any person who is
1-18 intoxicated;
1-19 (4) knowingly sells a firearm or ammunition for a
1-20 firearm to any person who has been convicted of a felony before the
1-21 fifth anniversary of the later of the following dates:
1-22 (A) the person's release from confinement
1-23 following conviction of the felony; or
1-24 (B) the person's release from supervision under
2-1 community supervision, parole, or mandatory supervision following
2-2 conviction of the felony;
2-3 (5) sells, rents, leases, loans, or gives a handgun to
2-4 any person knowing that an active protective order is directed to
2-5 the person to whom the handgun is to be delivered; or
2-6 (6) knowingly purchases, rents, leases, or receives as
2-7 a loan or gift from another a handgun while an active protective
2-8 order is directed to the actor.
2-9 (b) In this section:
2-10 (1) "Intoxicated" means substantial impairment of
2-11 mental or physical capacity resulting from introduction of any
2-12 substance into the body.
2-13 (2) "Active protective order" means a protective order
2-14 issued under Title 4, Family Code, that is in effect. The term
2-15 does not include a temporary protective order issued before the
2-16 court holds a hearing on the matter.
2-17 (3) "Gun show" means a place or an event, other than a
2-18 permanent retail store, at which:
2-19 (A) three or more individuals assemble to
2-20 display firearms or firearm components to the public; and
2-21 (B) a fee is charged for the privilege of
2-22 displaying the firearms or firearm components or a fee is charged
2-23 for admission to the area where the firearms or components are
2-24 displayed.
2-25 (c) It is an affirmative defense to prosecution under
2-26 Subsection (a)(2) that the transfer, unless the transfer is by
2-27 sale, rent, or lease, was to a minor whose parent or the person
3-1 having legal custody of the minor had given [written permission for
3-2 the sale or, if the transfer was other than a sale, the parent or
3-3 person having legal custody had given] effective consent for the
3-4 transfer.
3-5 (d) An offense under Subsection (a)(1) is a felony of the
3-6 third degree, except that the offense is a felony of the second
3-7 degree if the offense is committed at a gun show. An offense under
3-8 Subsection (a)(2) [this section] is a Class A misdemeanor, except
3-9 that the [an] offense [under Subsection (a)(2)] is a [state jail]
3-10 felony of the third degree if:
3-11 (1) the weapon that is the subject of the offense is a
3-12 firearm; or
3-13 (2) the offense is committed at a gun show [handgun].
3-14 (e) An offense under Subsection (a)(3), (4), (5), or (6) is
3-15 a Class A misdemeanor.
3-16 SECTION 2. This Act takes effect September 1, 2001, and
3-17 applies only to an offense committed on or after that date. An
3-18 offense committed before the effective date of this Act is covered
3-19 by the law in effect when the offense was committed, and the former
3-20 law is continued in effect for that purpose. For purposes of this
3-21 section, an offense was committed before the effective date of this
3-22 Act if any element of the offense occurred before that date.