The bill amends Section 46.06 of the Penal Code, which addresses 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 deemed to have mental health issues or lack the mental capacity to manage their affairs. Specifically, the bill outlines several categories of individuals to whom firearms cannot be transferred, including those receiving inpatient mental health services, those acquitted of crimes due to insanity, individuals with intellectual disabilities, incapacitated adults under guardianship, and those deemed incompetent to stand trial.

Additionally, the bill provides a defense to prosecution for individuals who transfer firearms to persons who have been judicially determined to no longer be incapacitated or who have received notice of relief from disabilities. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. The bill also removes the previous provision that allowed for the transfer of firearms to individuals under an active protective order, thereby tightening regulations around firearm transfers in sensitive situations.

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