H.B. No. 5399 aims to enhance penalties for certain criminal offenses related to the unlawful transfer or purchase of firearms. The bill amends Section 46.06 of the Penal Code, changing the heading to "UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN WEAPONS." It introduces new provisions that make it an offense to purchase or attempt to purchase a firearm with the intent to unlawfully deliver it to another person. Additionally, it establishes specific offenses related to selling firearms to minors, intoxicated individuals, or those with felony convictions, and outlines penalties for these actions. Notably, an offense under the new subsection regarding selling firearms to minors is classified as a state jail felony if the weapon is a handgun.

The bill also clarifies that an offense under the amended Section 46.06 is a felony of the third degree, while violations of the new provisions regarding minors and intoxicated individuals are classified as Class A misdemeanors, with certain exceptions elevating them to state jail felonies. Furthermore, the bill states that in case of any conflict between state law and federal law regarding the unlawful transfer or purchase of weapons, federal law will prevail. 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 20.05 (Penal Code 46, Penal Code 20)