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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful transfer of a firearm; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.06, Penal Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; [or] |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; |
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(7) knowingly makes a materially false or misleading |
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statement in providing information to a person for purposes of |
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complying with the National Instant Criminal Background Check |
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System in the manner required by 18 U.S.C. Section 922; or |
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(8) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a firearm while the actor is a fugitive |
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from justice for: |
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(A) a Class B misdemeanor or any higher category |
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of offense; or |
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(B) an offense under the laws of another state, |
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federal law, or the Uniform Code of Military Justice, containing |
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elements that are the same as or similar to the elements of an |
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offense described by Paragraph (A). |
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(d) An offense under Subsection (a) [this section] is a |
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Class A misdemeanor, except that: |
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(1) an offense under Subsection (a)(2) is a state jail |
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felony if the weapon that is the subject of the offense is a |
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handgun; and |
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(2) an offense under Subsection (a)(7) is a state jail |
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felony. |
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(e) A licensed firearms dealer under 18 U.S.C. Section 923 |
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who declines to transfer a firearm to a prospective transferee |
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because the National Instant Criminal Background Check System |
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indicates that the prospective transferee is prohibited from |
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possessing a firearm shall notify the Department of Public Safety. |
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SECTION 2. Section 46.06(b), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Fugitive from justice" means a person who is |
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currently the subject of an outstanding arrest warrant in any state |
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or federal jurisdiction. |
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SECTION 3. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0525 to read as follows: |
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Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER |
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REPORT. (a) If the department receives a report under Section |
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46.06(e), Penal Code, from a licensed firearms dealer under 18 |
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U.S.C. Section 923, the department shall initiate an investigation. |
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(b) If the department's investigation under this section |
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produces evidence that a person may have violated Section 46.06, |
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Penal Code, the department shall refer the case to the appropriate |
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local authorities for further investigation and possible |
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prosecution. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |