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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a criminal offense for the unlawful possession |
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or transfer of a large-capacity magazine. |
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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 46.056 to read as follows: |
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Sec. 46.056. UNLAWFUL POSSESSION OR TRANSFER OF |
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LARGE-CAPACITY MAGAZINE. (a) In this section, "large-capacity |
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magazine" means a detachable ammunition feeding device that has the |
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capacity to accept, or can be readily converted to accept, more than |
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10 rounds. The term does not include: |
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(1) a .22 caliber tube ammunition feeding device; |
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(2) a tubular magazine that is contained in a |
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lever-action firearm; |
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(3) an ammunition feeding device that has been |
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permanently disabled from accepting more than 10 rounds; or |
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(4) a magazine that has been rendered permanently |
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inoperable. |
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(b) A person commits an offense if the person knowingly: |
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(1) possesses a large-capacity magazine; or |
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(2) sells, rents, leases, loans, gives, or otherwise |
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transfers a large-capacity magazine to another person. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is a defense to prosecution under this section that |
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the actor engaged in the conduct while engaged in the actual |
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discharge of official duties, or directly en route to or from the |
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person's place of assignment, as: |
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(1) a peace officer; or |
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(2) a member of the armed forces or state military |
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forces as defined by Section 431.001, Government Code. |
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(e) It is a defense to prosecution under Subsection (b)(1) |
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that the actor lawfully possessed the large-capacity magazine on |
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August 31, 2021. |
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(f) 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, 2021. |