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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of unlawful carrying of |
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certain weapons and unlawful transfer of certain weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02(a-4), Penal Code, is amended to |
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read as follows: |
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(a-4) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a location-restricted knife; |
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(2) is younger than 21 [18] years of age at the time of |
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the offense; and |
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(3) is not: |
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(A) on the person's own premises or premises |
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under the person's control; |
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(B) inside of or directly en route to a motor |
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vehicle or watercraft that is owned by the person or under the |
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person's control; or |
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(C) under the direct supervision of a parent or |
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legal guardian of the person. |
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SECTION 2. Sections 46.06(a) and (d), Penal Code, are |
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amended to read 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 person |
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[child] younger than 21 [18] years of age any: |
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(A) firearm; |
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(B) [,] club; [,] or |
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(C) 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; |
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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; or |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a [licensed] firearms dealer |
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licensed under [, as defined by] 18 U.S.C. Section 923. |
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(d) An offense under this section is a Class A misdemeanor, |
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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 firearm |
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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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SECTION 3. Section 46.06(c), Penal Code, is repealed. |
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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, 2023. |