88(R) HB 902 - Introduced version - Bill Text

	88R4324 AJZ-D
	By:  Moody	H.B.  No.  902

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the transfer of certain firearm magazines
	to certain recipients; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 46.06(a), Penal Code, is amended 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 to any child
	younger than 18 years of age any firearm, club, or
	location-restricted knife;
	(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, as
	defined by 18 U.S.C. Section 923; or
	(8)    knowingly purchases a magazine or knowingly
	receives a magazine as a loan or gift from another while the actor
	is prohibited from possessing under state or federal law the type of
	firearm for which the magazine is designed or made.
	SECTION  2.    Section 46.06(b), Penal Code, is amended by
	adding Subdivision (3) to read as follows:
	(3)    "Magazine" means a detachable ammunition feeding
	device.
	SECTION  3.    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  4.    This Act takes effect September 1, 2023.