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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for the unlawful possession or |
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transfer of a semiautomatic assault weapon. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL POSSESSION OR TRANSFER OF |
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SEMIAUTOMATIC ASSAULT WEAPON. (a) In this section, "semiautomatic |
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assault weapon" means a firearm that: |
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(1) requires a separate pull of the trigger to fire |
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each cartridge or shell but is able to use a portion of the energy of |
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a firing cartridge or shell to extract the fired cartridge case or |
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spent shell and to chamber the next round; |
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(2) is able to accept a detachable magazine; and |
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(3) is either: |
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(A) a rifle with at least two of the following |
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characteristics or a rifle that is a semiautomatic version of an |
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automatic firearm with at least one of the following |
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characteristics: |
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(i) a folding or telescoping stock; |
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(ii) a pistol grip that protrudes |
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conspicuously beneath the action of the firearm; |
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(iii) a bayonet mount; |
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(iv) a flash suppressor or threaded barrel |
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designed to accommodate a flash suppressor; or |
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(v) a grenade launcher; or |
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(B) a pistol with at least two of the following |
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characteristics or a pistol that is a semiautomatic version of an |
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automatic firearm with at least one of the following |
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characteristics: |
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(i) an ammunition magazine that attaches to |
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the pistol outside of the pistol grip; |
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(ii) a threaded barrel that is able to |
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accept a barrel extender, flash suppressor, forward handgrip, or |
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silencer; |
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(iii) a shroud that is attached to or |
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partially or completely encircles the barrel and that permits the |
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shooter to hold the firearm with the non-trigger hand without being |
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burned; or |
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(iv) a manufactured weight of 50 ounces or |
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more when the firearm is unloaded. |
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(b) A person younger than 21 years of age commits an offense |
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if the person possesses a semiautomatic assault weapon. |
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(c) A person commits an offense if the person sells, rents, |
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leases, loans, or gives a semiautomatic assault weapon to any |
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person knowing that the person to whom the weapon is to be delivered |
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is younger than 21 years of age. |
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(d) An offense under this section is a Class A misdemeanor. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2011. |