79R949 UM-D
By: Burnam H.B. No. 332
A BILL TO BE ENTITLED
AN ACT
relating to creating the offense of unlawful possession of certain
firearms by a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.021 to read as follows:
Sec. 46.021. UNLAWFUL POSSESSION OF CERTAIN FIREARMS BY
MINOR. (a) In this section, "minor" means an individual who:
(1) is younger than 17 years of age;
(2) is not married; and
(3) has not had the disabilities of minority removed.
(b) A minor commits an offense if the minor possesses a
firearm other than a handgun.
(c) It is an exception to the application of this section
that, at the time of the commission of the offense, the actor:
(1) was at the actor's residence;
(2) was on privately owned real property, including
farmland or ranchland, with the effective consent of the owner of
the real property;
(3) was engaging in lawful hunting or other sporting
activity on the immediate premises where the activity was
conducted, if a firearm is commonly used in the activity and if the
activity was conducted between the hours of 5 a.m. and 10 p.m.;
(4) was traveling between the actor's residence and
the immediate premises where a lawful hunting or other sporting
activity was being conducted if:
(A) a firearm is commonly used in the activity;
and
(B) the firearm in the actor's possession was
unloaded; or
(5) was accompanied by:
(A) a parent or legal guardian of the actor; or
(B) another person who is 17 years of age or
older, if that accompaniment occurs with the effective consent of a
parent or legal guardian of the actor.
(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer may not arrest a minor for a violation of
this section. A peace officer issuing a citation to a minor for a
violation of this section shall seize the firearm possessed by the
minor in the same manner as if the officer were arresting the minor.
(f) The court shall dismiss the charge if a parent or legal
guardian of the minor accompanies the minor to court at the time of
the hearing. Notwithstanding Article 18.19, Code of Criminal
Procedure, the court may transfer the firearm to the parent or
guardian at that time.
SECTION 2. This Act takes effect September 1, 2005.