H.B. No. 3541 aims to amend the Penal Code regarding the unlawful transfer or purchase of certain weapons, specifically firearms. The bill introduces new provisions that expand the definition of unlawful transfer to include the purchase or attempted purchase of firearms with the intent to deliver them to individuals who intend to possess or use them unlawfully. Additionally, it establishes new offenses related to selling firearms to minors, intoxicated individuals, or those with felony convictions, and increases penalties for these offenses. Notably, an offense under the new subsection regarding the unlawful transfer of firearms to minors is classified as a Class A misdemeanor, while certain violations involving handguns are elevated to state jail felonies.

The bill also clarifies that the federal law will prevail in cases of conflict with state law concerning the unlawful transfer or purchase of weapons. Furthermore, it amends the definition of "contraband" to include offenses under the newly revised Section 46.06, thereby broadening the scope of property considered contraband in criminal proceedings. The changes will take effect on September 1, 2025, and apply only to offenses committed on or after that date, ensuring that any offenses occurring prior to the effective date will be governed by the existing law.

Statutes affected:
Introduced: Penal Code 46.06, Penal Code 20.05 (Penal Code 46, Penal Code 20)