The bill amends Section 46.06 of the Penal Code regarding the unlawful transfer of firearms. It introduces new provisions that make it an offense to knowingly sell, rent, lease, loan, or give a firearm to individuals who are either receiving inpatient mental health services by court order, have been acquitted of a crime due to insanity, have been determined to have an intellectual disability, are incapacitated adults under guardianship, or are deemed incompetent to stand trial. Additionally, it establishes a defense to prosecution if the transfer is made to a person who has been judicially found to no longer be incapacitated or has received notice of relief from disabilities.

The bill also modifies existing language by removing the provision that prohibits selling a handgun to someone with an active protective order against them and adds a new clause that addresses false statements made on firearm transfer forms by individuals prohibited from possessing firearms. The changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, ensuring that any offenses occurring prior will be governed by the previous law.

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