The bill, S.B. No. 1385, amends Section 46.06 of the Texas Penal Code to address the unlawful transfer or acquisition of certain weapons, creating new criminal offenses. The amendments include the addition of language that specifies unlawful acquisition of firearms, particularly targeting individuals who knowingly deliver firearms to those prohibited from possessing them under state or federal law. The bill introduces a new subsection (8) that criminalizes the act of acquiring a firearm with the intent to deliver it to someone who is legally barred from possession. Additionally, it modifies existing provisions regarding the unlawful transfer of firearms, including the sale or transfer to minors and individuals with active protective orders.

The bill also updates the classification of offenses under this section, establishing that violations related to the unlawful acquisition of firearms will be classified as state jail felonies, particularly for subsections (7) and (8). 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 to the effective date will be governed by the previous law.

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