By Giddings H.B. No. 1332
77R3435 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of unlawful possession of a
1-3 handgun by an underage person and the criminal prosecution of
1-4 certain weapons offenses involving underage persons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-7 Section 46.021 to read as follows:
1-8 Sec. 46.021. UNLAWFUL POSSESSION OF HANDGUN BY UNDERAGE
1-9 PERSON. (a) A person commits an offense if the person is younger
1-10 than 21 years of age and possesses a handgun.
1-11 (b) An offense under this section is a Class A misdemeanor.
1-12 SECTION 2. Sections 46.06(a) and (c), Penal Code, are amended
1-13 to read as follows:
1-14 (a) A person commits an offense if the person:
1-15 (1) sells, rents, leases, loans, or gives a handgun to
1-16 any person knowing that the person to whom the handgun is to be
1-17 delivered intends to use it unlawfully or in the commission of an
1-18 unlawful act;
1-19 (2) with criminal negligence [intentionally or
1-20 knowingly] sells, rents, leases, or gives or offers to sell, rent,
1-21 lease, or give a [to any child younger than 18 years any] firearm,
1-22 club, or illegal knife to a person who:
1-23 (A) is younger than 18 years of age or, if the
1-24 weapon that is the subject of the offense is a handgun, younger
2-1 than 21 years of age; or
2-2 (B) the actor knows or should know intends to
2-3 deliver the firearm, club, or illegal knife to a person who is
2-4 younger than 18 years of age or, if the weapon that is the subject
2-5 of the offense is a handgun, younger than 21 years of age;
2-6 (3) intentionally, knowingly, or recklessly sells a
2-7 firearm or ammunition for a firearm to any person who is
2-8 intoxicated;
2-9 (4) knowingly sells a firearm or ammunition for a
2-10 firearm to any person who has been convicted of a felony before the
2-11 fifth anniversary of the later of the following dates:
2-12 (A) the person's release from confinement
2-13 following conviction of the felony; or
2-14 (B) the person's release from supervision under
2-15 community supervision, parole, or mandatory supervision following
2-16 conviction of the felony;
2-17 (5) sells, rents, leases, loans, or gives a handgun to
2-18 any person knowing that an active protective order is directed to
2-19 the person to whom the handgun is to be delivered; or
2-20 (6) knowingly purchases, rents, leases, or receives as
2-21 a loan or gift from another a handgun while an active protective
2-22 order is directed to the actor.
2-23 (c) It is an affirmative defense to prosecution under
2-24 Subsection (a)(2) that the transfer was to:
2-25 (1) a person:
2-26 (A) [minor] whose parent or another [the person]
2-27 having legal custody of the person [minor] had given written
3-1 permission for the sale; or
3-2 (B) [,] if the transfer was other than a sale,
3-3 whose [the] parent or another [person] having legal custody of the
3-4 person had given effective consent to the transfer; or
3-5 (2) a parent or another having legal custody of the
3-6 person for whom the weapon is purchased, rented, leased, or
3-7 accepted.
3-8 SECTION 3. (a) The change in law made by this Act applies
3-9 only to an offense committed on or after the effective date of this
3-10 Act. For purposes of this section, an offense is committed before
3-11 the effective date of this Act if any element of the offense occurs
3-12 before that date.
3-13 (b) An offense committed before the effective date of this
3-14 Act is covered by the law in effect when the offense was committed,
3-15 and the former law is continued in effect for that purpose.
3-16 SECTION 4. This Act takes effect September 1, 2001.