House Bill No. 4372 amends Section 46.06 of the Penal Code, which addresses the unlawful transfer of certain weapons. The bill broadens the definition of prohibited transfers to include firearms instead of just handguns and introduces new provisions that specify the age restrictions for transferring firearms. Notably, it establishes that selling or giving a firearm to individuals under 21 years of age is illegal if the firearm can accept a detachable magazine and uses centerfire ammunition or has a caliber greater than .22. The bill also adds several defenses to prosecution, including circumstances under which a transfer to a minor may be permissible, such as with parental consent or for specific lawful activities.
Additionally, the bill introduces new subsections that outline defenses for individuals charged under the new provisions, including exceptions for transfers made to family members or individuals who have completed a hunter education course. It also clarifies that certain transfers are exempt if they are necessary for the recipient's official duties as a member of the armed forces or law enforcement. The penalties for violations remain a Class A misdemeanor, with specific offenses classified as state jail felonies. The changes will take effect on September 1, 2025, and apply only to offenses committed after that date.
Statutes affected: Introduced: Penal Code 46.06 (Penal Code 46)