88(4) HB 64 - Introduced version - Bill Text
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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 semiautomatic rifles to |
 
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certain recipients; 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.    Sections 46.06(a), (c), and (d), Penal Code, are |
 
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amended 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; or |
 
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                                     (B)    to a person younger than 21 years of age a |
 
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semiautomatic rifle; |
 
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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 [licensed] firearms dealer |
 
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licensed under[, as defined by] 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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             (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. |