88(3) SB 74 - Introduced version - Bill Text

	88S30354 AJZ-D
	By:  Gutierrez	S.B.  No.  74

Statutes affected:
Introduced: Penal Code 46.06 (Penal Code 46)

	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 firearms dealer licensed under
	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