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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the transfer of certain semiautomatic |
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rifles to certain recipients; creating a criminal offense; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.06, Penal Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (c-1) |
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to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give: |
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(A) to a [any] child younger than 18 years of age |
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a [any firearm,] club, [or] location-restricted knife, or firearm |
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other than a semiautomatic rifle described by Paragraph (B); or |
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(B) to a person younger than 21 years of age a |
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semiautomatic rifle that is capable of accepting a detachable |
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magazine and that has a caliber greater than .22; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; or |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a firearms dealer licensed under |
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18 U.S.C. Section 923. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor |
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whose parent or the person having legal custody of the minor had |
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given written permission for the sale or, if the transfer was other |
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than a sale, the parent or person having legal custody had given |
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effective consent. |
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(c-1) It is an exception to the application of Subsection |
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(a)(2)(B) that: |
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(1) the semiautomatic rifle is transferred to a |
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recipient who: |
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(A) is a peace officer; or |
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(B) is currently serving in or has been honorably |
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discharged from the United States armed forces; or |
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(2) the transfer of the semiautomatic rifle is a |
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temporary loan to a person who is to carry or use the semiautomatic |
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rifle only: |
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(A) while in the presence of the transferor; |
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(B) while on property owned or leased by the |
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transferor; |
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(C) on the premises of a sport shooting range, as |
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defined by Section 250.001, Local Government Code, and solely for |
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the purpose of shooting targets at the range; or |
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(D) at a lawful competition involving the use of |
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a firearm. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) an offense under Subsection (a)(2)(A) [(a)(2)] is |
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a state jail felony if the weapon that is the subject of the offense |
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is a handgun; and |
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(2) an offense under Subsection (a)(2)(B) or (a)(7) is |
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a state jail felony. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |