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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for the unlawful possession or |
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transfer of a large-capacity magazine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.056 to read as follows: |
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Sec. 46.056. UNLAWFUL POSSESSION OR TRANSFER OF |
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LARGE-CAPACITY MAGAZINE. (a) In this section, "large-capacity |
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magazine" means a detachable ammunition feeding device with the |
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capacity to accept more than 20 rounds. The term does not include: |
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(1) a .22 caliber tube ammunition feeding device; |
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(2) a tubular magazine that is contained in a |
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lever-action firearm; or |
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(3) an ammunition feeding device that has been |
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permanently disabled from accepting more than 20 rounds. |
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(b) A person commits an offense if the person: |
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(1) possesses a large-capacity magazine; or |
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(2) sells, rents, leases, loans, or gives a |
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large-capacity magazine to another. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is a defense to prosecution under this section that |
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the actor engaged in the conduct: |
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(1) while engaged in the actual discharge of official |
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duties, or directly en route to or from the person's place of |
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assignment, as: |
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(A) a peace officer; |
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(B) a member of the armed forces or state |
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military forces as defined by Section 431.001, Government Code; or |
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(C) a government officer or employee authorized |
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to possess a large-capacity magazine for public safety purposes; |
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(2) for the sole purpose of making the magazine |
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available to a person described by Subdivision (1); |
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(3) to conduct a forensic analysis or for another |
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legitimate law enforcement purpose; |
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(4) for the sole purpose of permanently disabling the |
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magazine from accepting more than 20 rounds; |
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(5) for the sole purpose of maintaining the magazine |
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as a museum piece or as a decorative prop for use in a motion |
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picture, television, or video production or other entertainment |
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event; |
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(6) while engaged in the interstate transportation of |
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firearms in accordance with federal law; or |
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(7) for the sole purpose of surrendering the magazine |
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to a state or federal law enforcement agency. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2015. |