By: A. Johnson of Harris H.B. No. 4364

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting certain sales and purchases of firearms; creating criminal offenses; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.06, Penal Code, is amended by amending Subsections (a) and (d) and adding Subsection (c-1) 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;

(2-a) knowingly sells a firearm to a person 18 years of age or older but younger than 21 years of age;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) 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, as defined by 18 U.S.C. Section 923. 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 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

(c-1) It is an exception to the application of Subsection (a)(2-a) that the firearm is sold to a person who holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code.

(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)(2-a) is a felony of the third degree; and

(3) an offense under Subsection (a)(7) is a state jail felony.

SECTION 2. Chapter 46, Penal Code, is amended by adding Section 46.065 to read as follows:

Sec. 46.065. UNLAWFUL PURCHASE OF FIREARM. (a) A person who is 18 years of age or older but younger than 21 years of age commits an offense if the person knowingly purchases a firearm.

(b) It is an exception to the application of Subsection (a) that the person holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code.

(c) An offense under Subsection (a) is a felony of the third degree.

SECTION 3. 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 4. This Act takes effect September 1, 2023.