H.B. No. 443 introduces Section 46.055 to the Texas Penal Code, creating a criminal offense for the unlawful possession or transfer of assault weapons, which are defined to include various semiautomatic firearms with specific features like detachable magazines and pistol grips. Individuals found to knowingly possess or transfer an assault weapon would face a Class A misdemeanor. The bill also provides defenses to prosecution, such as lawful possession prior to a specified date and actions taken by peace officers or military members while on duty. Additionally, the bill amends existing laws to ensure that assault weapons are treated similarly to prohibited weapons in terms of legal consequences.
Furthermore, the bill clarifies conditions under which commissioned and retired peace officers may purchase firearms issued by their departments, ensuring these firearms are not classified as prohibited or assault weapons. It also modifies the use of force provisions in the Penal Code, stating that the use of force is not justified in certain situations, such as in response to verbal provocation or while carrying a weapon in violation of specified sections. These amendments aim to enhance regulations surrounding firearm purchases and the legal parameters of using force, with the new provisions set to take effect on September 1, 2025.
Statutes affected: Introduced: Alcoholic Beverage Code 5.141, Education Code 37.005, Education Code 1.04, Government Code 37.006, Government Code 614.051, Government Code 46.055, Parks and Wildlife Code 46.055, Penal Code 9.31 (Government Code 614, Parks and Wildlife Code 46, Education Code 1, Government Code 46, Government Code 37, Education Code 37, Alcoholic Beverage Code 5, Penal Code 9)