88R19368 AJZ-F
 
  By: King of Uvalde, et al. H.B. No. 2744
 
Substitute the following for H.B. No. 2744:
 
  By:  Canales C.S.H.B. No. 2744
 
 
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the transfer of certain semiautomatic
rifles to certain recipients; creating a criminal offense;
increasing a criminal penalty.
       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 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)  to a [any] child younger than 18 years of age
a [any firearm,] club, [or] location-restricted knife, or firearm
other than a semiautomatic rifle described by Paragraph (B); or
                   (B)  to a person younger than 21 years of age a
semiautomatic rifle that is capable of accepting a detachable
magazine and that 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 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
licensed under[, as defined by] 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 an exception to the application of Subsection
(a)(2)(B) that: 
             (1)  the semiautomatic rifle is transferred to a
recipient who:
                   (A)  is a peace officer; or
                   (B)  is currently serving in or has been honorably
discharged from the United States armed forces; or
             (2)  the transfer of the semiautomatic rifle is a
temporary loan to a person who is to carry or use the semiautomatic
rifle only: 
                   (A)  while in the presence of the transferor; 
                   (B)  while on property owned or leased by the
transferor; 
                   (C)  on the premises of a sport shooting range, as
defined by Section 250.001, Local Government Code, and solely for
the purpose of shooting targets at the range; 
                  &#

Statutes affected:
Introduced: Penal Code 46.06 (Penal Code 46)
House Committee Report: Penal Code 46.06 (Penal Code 46)