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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain transfers, purchases, and |
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possession of assault weapons; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT |
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WEAPON. (a) In this section, "assault weapon" means: |
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(1) a semiautomatic centerfire rifle that has the |
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capacity to accept a detachable magazine and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor; or |
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(F) a grenade launcher or flare launcher; |
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(2) a semiautomatic centerfire rifle that has a fixed |
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magazine that holds more than 10 rounds of ammunition; |
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(3) a semiautomatic centerfire rifle that has an |
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overall length of less than 30 inches; |
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(4) a semiautomatic shotgun that has the capacity to |
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accept a detachable magazine; |
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(5) a semiautomatic shotgun that has a folding or |
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telescoping stock and has: |
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(A) a thumbhole stock; or |
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(B) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(6) a semiautomatic pistol that has the capacity to |
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accept a detachable magazine and has: |
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(A) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(B) an ammunition magazine that attaches to the |
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pistol outside of the pistol grip; |
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(C) a threaded barrel capable of accepting a |
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flash suppressor, forward handgrip, or silencer; or |
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(D) a shroud that is attached to or partially or |
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completely encircles the barrel and that permits the shooter to |
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hold the firearm with the non-trigger hand without being burned; |
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(7) a semiautomatic pistol that has a fixed magazine |
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that holds more than 10 rounds of ammunition; |
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(8) a revolving cylinder shotgun; or |
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(9) a conversion kit, part, or combination of parts |
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from which an assault weapon can be assembled or with which a |
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firearm may be converted into a weapon described by Subdivision |
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(1), (2), (3), (4), (5), (6), (7), or (8). |
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(b) A person who is younger than 21 years of age commits an |
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offense if the person knowingly: |
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(1) purchases an assault weapon; or |
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(2) possesses an assault weapon. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is a defense to prosecution under Subsection (b)(1) |
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that the actor purchased the assault weapon for the actual |
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discharge of official duties as: |
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(1) a peace officer; or |
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(2) a member of the armed forces or state military |
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forces as defined by Section 431.001, Government Code. |
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(e) It is a defense to prosecution under Subsection (b)(2) |
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that: |
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(1) the actor possessed the assault weapon in the |
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actual discharge of official duties, or directly en route to or from |
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the person's place of assignment, as: |
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(A) a peace officer; or |
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(B) a member of the armed forces or state |
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