78R1483 EMT-D
By: Burnam H.B. No. 130
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful transfer of
certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a firearm
[handgun] to any person knowing that the person to whom the firearm
[handgun] is to be delivered intends to use it unlawfully or in the
commission of an unlawful act;
(2) negligently [intentionally or knowingly] sells,
rents, leases, or gives or offers to sell, rent, lease, or give to
any child younger than 18 years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a firearm
[handgun] to any person knowing that an active protective order is
directed to the person to whom the firearm [handgun] is to be
delivered; or
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a firearm [handgun] while an active
protective order is directed to the actor.
(c) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the transfer, unless the transfer is by sale,
rent, or lease, was to a minor whose parent or the person having
legal custody of the minor had given [written permission for the
sale or, if the transfer was other than a sale, the parent or person
having legal custody had given] effective consent for the transfer;
and
(2) the weapon transferred was a handgun.
(e) It is an exception to the application of Subsection
(a)(2) that:
(1) the transfer, unless the transfer is by sale,
rent, or lease, was to a minor whose parent or the person having
legal custody of the minor had given effective consent for the
transfer; and
(2) the weapon transferred was a rifle or shotgun
other than a short-barrel firearm.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to an offense committed on or after that date. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.