By: Menéndez, Gutierrez S.B. No. 910

A BILL TO BE ENTITLED

AN ACT

relating to requiring a thirty day waiting period before a person less than 21 years of age may purchase a firearm; creating a criminal offense.

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

SECTION 1. Section 46.06, Penal Code, is amended by amending Subsections (a), (c), and (d) and adding Subsection (c-1) to read as follow:

(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

(B) a firearm to any person younger than 21 years of age before a 30-day waiting period has elapsed from the date of transfer.

(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 2. Chapter 46, Penal Code, is amended Section 46.16 to read as follows:

Sec. 46.16. WAITING PERIOD FOR FIREARMS TRANSFER. (a) No licensed firearms dealer shall sell or transfer a firearm to a purchaser younger than 21 years of age unless a 30-day waiting period has elapsed from the date of the transfer.

(b) The 30-day waiting period under this section shall not apply to any sale or transfer of a firearm:

(i) Made to a law enforcement officer, a member of the armed forces, or a firearms instructor; or

(ii) Made as part of a lawful bequest or intestate succession.

(c) Any person who violates the provisions of this statute shall be guilty of a Class A misdemeanor.

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