89R13188 AJZ-D
	By: Meza	H.B. No. 4372

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of the offense of unlawful transfer of
	certain weapons.
	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 Subsections
	(c-1), (c-2), (c-3), and (c-4) to read as follows:
	(a)  A person commits an offense if the person:
	(1)  sells, rents, leases, loans, or gives a firearm
	[handgun] to any person, knowing that the person to whom the firearm
	[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)  to a [any] child younger than 18 years of age
	a [any firearm,] club, [or] location-restricted knife, or firearm
	other than a firearm described by Paragraph (B); or
	(B)  to a person younger than 21 years of age a
	firearm that is capable of accepting a detachable magazine and
	that:
	(i)  uses centerfire ammunition; or
	(ii)  has a caliber greater than .22;
	(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 firearm
	[handgun] to any person, knowing that an active protective order is
	directed to the person to whom the firearm [handgun] is to be
	delivered;
	(6)  knowingly purchases, rents, leases, or receives as
	a loan or gift from another a firearm [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; or
	(8)  knowingly falsifies, alters, or misrepresents a
	document described under Subsection (c-3), for the purpose of
	obtaining or transferring a firearm.
	(c)  It is a [an affirmative] defense to prosecution under
	Subsection (a)(2) that:
	(1)  the transfer was a rental for short-term use at a
	sport shooting range, as defined by Section 250.001, Local
	Government Code, and the transfer was made solely for the purpose of
	training, competing, or target shooting at the range to:
	(A)  a person who was 18 years of age or older at
	the time of the transfer; or
	(B)  a minor whose parent or the person having
	legal custody of the minor had given written permission for the
	rental;
	(2)  the transfer was a gift to a minor whose [sale or,
	if the transfer was other than a sale, the] parent or the person
	having legal custody of the minor had given effective consent and
	the actor accepted no compensation or payment for the transfer; or
	(3)  the transfer was a temporary loan for:
	(A)  use in the presence of the actor;
	(B)  use on property owned or leased by the actor;
	(C)  use on the premises of a sport shooting
	range, as defined by Section 250.001, Local Government Code, and
	solely for the purpose of training, competing, or target shooting
	at the range;
	(D)  the purpose of lawful hunting or sporting or
	for lawful recreational activity; or
	(E)  use at a lawful competition involving the use
	of a firearm.
	(c-1)  It is a defense to prosecution under Subsection
	(a)(2)(B) that the actor was the parent, grandparent, or
	great-grandparent of the recipient and that:
	(1)  the recipient was 18 years of age or older at the
	time of the transfer;
	(2)  the actor acquired the firearm before the
	recipient's 18th birthday; and
	(3)  the actor accepted no compensation or payment for
	the transfer.
	(c-2)  It is a defense to prosecution under Subsection
	(a)(2)(B) that the actor transferred the firearm to a person who was
	18 years of age or older at the time of the transfer and who:
	(1)  successfully completed a hunter education course
	described by Section 62.014, Parks and Wildlife Code, when the
	person was 16 years of age or older;
	(2)  is a member or veteran of the United States armed
	forces, including a member or veteran of the reserves or national
	guard; or
	(3)  is a peace officer.
	(c-3)  For purposes of establishing a defense to prosecution
	under Subsection (c-2), a person may present any of the following
	documents, including an original or photocopy:
	(1)  a certificate of completion issued under Section
	62.014(c), Parks and Wildlife Code, that includes the date of
	issuance and the person's birthdate and legal name;
	(2)  a United States military identification card that
	includes the person's photograph and legal name and was not expired
	on the date of the firearm transfer;
	(3)  a United States Department of Defense Form DD-214,
	or other military record showing a release or discharge from active
	duty, that includes the person's birthdate and legal name,
	regardless of whether the person's social security number is
	obscured on the document; or
	(4)  a peace officer identification card, as described
	by Subchapter H, Chapter 614, Government Code, that displays the
	photograph and legal name of the person and a brief description of
	the person, including the recipient's height, weight, and eye
	color.
	(c-4)  It is an exception to the application of Subsection
	(a)(2)(B) that the transfer of the firearm was necessary for the
	actual discharge of the recipient's official duties as:
	(1)  a member of the United States armed forces;
	(2)  a member of the Texas military forces, as defined
	by Section 437.001, Government Code;
	(3)  a peace officer; or
	(4)  a public security officer, reserve law enforcement
	officer, school marshal, or county jailer, as those terms are
	defined by Section 1701.001, Occupations 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), (7), or (8)
	[(a)(7)] is a state jail felony.
	SECTION 2.  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 3.  This Act takes effect September 1, 2025.