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 is classified as a felony of the third degree, while other related offenses are classified as Class A misdemeanors or state jail felonies depending on the circumstances.

The bill also clarifies that the federal law will prevail in cases of conflict with state law regarding the unlawful transfer or purchase of weapons. It includes amendments to the definition of "contraband" to encompass offenses related to the unlawful transfer of firearms and updates the list of offenses that can be associated with criminal street gang activities. 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.

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