| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the unlawful transfer or purchase of certain weapons; |
|
|
creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 46.06, Penal Code, is |
|
|
amended to read as follows: |
|
|
Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN |
|
|
WEAPONS. |
|
|
SECTION 2. Sections 46.06(a) and (d), Penal Code, are |
|
|
amended to read as follows: |
|
|
(a) A person commits an offense if the person: |
|
|
(1) sells, rents, leases, loans, or gives a handgun to |
|
|
any person knowing that the person to whom the handgun is to be |
|
|
delivered intends to use it unlawfully or in the commission of an |
|
|
unlawful act; |
|
|
(2) intentionally or knowingly sells, rents, leases, |
|
|
or gives or offers to sell, rent, lease, or give to any child |
|
|
younger than 18 years of age any firearm, club, or |
|
|
location-restricted knife; |
|
|
(3) intentionally, knowingly, or recklessly sells a |
|
|
firearm or ammunition for a firearm to any person who is |
|
|
intoxicated; |
|
|
(4) sells, rents, leases, loans, or gives a firearm or |
|
|
ammunition for a firearm to any person knowing or having reasonable |
|
|
cause to believe that the person is prohibited from possessing a |
|
|
firearm or ammunition for a firearm by state or federal law |
|
|
[knowingly sells a firearm or ammunition for a firearm to any person |
|
|
who has been convicted of a felony before the fifth anniversary of |
|
|
the later of the following dates: |
|
|
[(A) the person's release from confinement |
|
|
following conviction of the felony; or |
|
|
[(B) the person's release from supervision under |
|
|
community supervision, parole, or mandatory supervision following |
|
|
conviction of the felony]; |
|
|
(5) sells, rents, leases, loans, or gives a handgun to |
|
|
any person knowing that an active protective order is directed to |
|
|
the person to whom the handgun is to be delivered; |
|
|
(6) knowingly purchases, rents, leases, or receives as |
|
|
a loan or gift from another a handgun while an active protective |
|
|
order is directed to the actor; [or] |
|
|
(7) while prohibited from possessing a firearm under |
|
|
state or federal law, knowingly makes a material false statement on |
|
|
a form that is: |
|
|
(A) required by state or federal law for the |
|
|
purchase, sale, or other transfer of a firearm; and |
|
|
(B) submitted to a [licensed] firearms dealer |
|
|
licensed under[, as defined by] 18 U.S.C. Section 923; or |
|
|
(8) purchases or attempts to purchase a firearm with |
|
|
intent to deliver the firearm to a person knowing that the person to |
|
|
whom the firearm is to be delivered is prohibited from possessing |
|
|
the firearm by state or federal law. |
|
|
(d) An offense under this section is a Class A misdemeanor, |
|
|
except that: |
|
|
(1) an offense under Subsection (a)(2) is a state jail |
|
|
felony if the weapon that is the subject of the offense is a |
|
|
handgun; and |
|
|
(2) an offense under Subsection (a)(4), (a)(7), or |
|
|
(a)(8) is a state jail felony. |
|
|
SECTION 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |