| |
| |
|
|
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, 2025. |
|
|
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 firearms dealer licensed under |
|
|
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) or (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, 2025. |