By: Zaffirini S.B. No. 32
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain transfers, purchases, and
  possession of assault weapons; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Penal Code, is amended by adding
  Section 46.055 to read as follows:
         Sec. 46.055.  UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT
  WEAPON. (a) In this section, "assault weapon" means:
               (1)  a semiautomatic centerfire rifle that has the
  capacity to accept a detachable magazine and has:
                     (A)  a pistol grip that protrudes conspicuously
  beneath the action of the firearm;
                     (B)  a folding or telescoping stock;
                     (C)  a thumbhole stock;
                     (D)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
                     (E)  a flash suppressor; or
                     (F)  a grenade launcher or flare launcher;
               (2)  a semiautomatic centerfire rifle that has a fixed
  magazine that holds more than 10 rounds of ammunition;
               (3)  a semiautomatic centerfire rifle that has an
  overall length of less than 30 inches;
               (4)  a semiautomatic shotgun that has the capacity to
  accept a detachable magazine;
               (5)  a semiautomatic shotgun that has a folding or
  telescoping stock and has:
                     (A)  a thumbhole stock; or
                     (B)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
               (6)  a semiautomatic pistol that has the capacity to
  accept a detachable magazine and has:
                     (A)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
                     (B)  an ammunition magazine that attaches to the
  pistol outside of the pistol grip;
                     (C)  a threaded barrel capable of accepting a
  flash suppressor, forward handgrip, or silencer; or
                     (D)  a shroud that is attached to or partially or
  completely encircles the barrel and that permits the shooter to
  hold the firearm with the non-trigger hand without being burned;
               (7)  a semiautomatic pistol that has a fixed magazine
  that holds more than 10 rounds of ammunition;
               (8)  a revolving cylinder shotgun; or
               (9)  a conversion kit, part, or combination of parts
  from which an assault weapon can be assembled or with which a
  firearm may be converted into a weapon described by Subdivision
  (1), (2), (3), (4), (5), (6), (7), or (8).
         (b)  A person who is younger than 21 years of age commits an
  offense if the person knowingly:
               (1)  purchases an assault weapon; or
               (2)  possesses an assault weapon.
         (c)  An offense under this section is a Class A misdemeanor.
         (d)  It is a defense to prosecution under Subsection (b)(1)
  that the actor purchased the assault weapon for the actual
  discharge of official duties as:
               (1)  a peace officer; or
               (2)  a member of the armed forces or state military
  forces as defined by Section 431.001, Government Code.
         (e)  It is a defense to prosecution under Subsection (b)(2)
  that:
               (1)  the actor possessed the assault weapon in the
  actual discharge of official duties, or directly en route to or from
  the person's place of assignment, as:
                     (A)  a peace officer; or
                     (B)  a member of the armed forces or state
  military forces as defined by Section 431.001, Government Code; or
               (2)  the actor lawfully possessed the assault weapon on
  August 31, 2023.
         SECTION 2.  Section 46.06, Penal Code, is amended by
  amending Subsections (a), (c), 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:
                     (A)  a [to any child younger than 18 years of age
  any firearm,] club, [or] location-restricted knife, or firearm
  other than an assault weapon to a person younger than 18 years of
  age; or
                     (B)  an assault weapon to a person 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
  licensed under [, as defined by] 18 U.S.C. Section 923.
         (c)  It is an affirmative defense to prosecution under
  Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
  whose parent or the person having legal custody of the minor had
  given written permission for the sale or, if the transfer was other
  than a sale, the parent or person having legal custody had given
  effective consent.
         (c-1)  It is a defense to prosecution under Subsection
  (a)(2)(B) that the transfer was to a person who provided evidence to
  the actor that the person is:
               (1)  a peace officer; or
               (2)  a member of the armed forces or state military
  forces as defined by Section 431.001, Government Code.
         (d)  An offense under this section is a Class A misdemeanor,
  except that:
               (1)  an offense under Subsection (a)(2)(A) [(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)(B) is a state
  jail felony; and
               (3)  an offense under Subsection (a)(7) is a state jail
  felony.
         SECTION 3.  Section 46.06(b), Penal Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Assault weapon" has the meaning assigned by
  Section 46.055.
         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.