By Lewis of Tarrant H.B. No. 446
77R1721 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of certain offenses
1-3 involving breaches of firearm safety.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 46.13(a) and (d), Penal Code, are
1-6 amended to read as follows:
1-7 (a) In this section:
1-8 (1) "Child" means a person younger than 17 years of
1-9 age.
1-10 (2) "Readily dischargeable firearm" means a firearm
1-11 that is loaded with ammunition, whether or not a round is in the
1-12 chamber.
1-13 (3) "Secure" means to place [take steps that a
1-14 reasonable person would take to prevent the access to a readily
1-15 dischargeable firearm by a child, including but not limited to
1-16 placing] a firearm in a locked container or temporarily render
1-17 [rendering] the firearm inoperable by a trigger lock or similar
1-18 device [other means].
1-19 (d) Except as provided by Subsection (e), an offense under
1-20 this section is a Class B [C] misdemeanor.
1-21 SECTION 2. Chapter 46, Penal Code, is amended by adding
1-22 Section 46.14 to read as follows:
1-23 Sec. 46.14. STORAGE OR TRANSFER OF UNSAFE FIREARM. (a) In
1-24 this section, "dealer of firearms" means a person licensed as a
2-1 firearms dealer under 18 U.S.C. Section 923.
2-2 (b) A person commits an offense if with criminal negligence
2-3 the person stores or keeps a firearm in a place other than in a
2-4 locked container and fails to equip the firearm with a properly
2-5 engaged trigger lock or similar device intended to prevent the
2-6 accidental discharge of the firearm. For purposes of this
2-7 subsection, a firearm is not considered stored or kept while the
2-8 firearm is carried by the owner or other legally authorized user.
2-9 (c) A dealer of firearms commits an offense if the dealer
2-10 sells, rents, leases, loans, or gives a firearm to a person and
2-11 does not sell, rent, lease, loan, or give to the person a trigger
2-12 lock or similar device intended to prevent the accidental discharge
2-13 of the firearm.
2-14 (d) An offense under this section is a Class C misdemeanor.
2-15 SECTION 3. (a) The change in law made by this Act applies
2-16 only to an offense committed on or after the effective date of this
2-17 Act. For purposes of this section, an offense is committed before
2-18 the effective date of this Act if any element of the offense occurs
2-19 before that date.
2-20 (b) An offense committed before the effective date of this
2-21 Act is covered by the law in effect when the offense was committed,
2-22 and the former law is continued in effect for that purpose.
2-23 SECTION 4. This Act takes effect September 1, 2001.