H.B. No. 5399 aims to enhance regulations surrounding the unlawful transfer or purchase of certain weapons, specifically 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 transfer it to another person. Additionally, it establishes specific offenses related to selling firearms to minors, intoxicated individuals, or those under protective orders, and outlines penalties for these actions. Notably, an offense under the new subsection regarding unlawful transfers to minors is classified as a Class A misdemeanor, while other violations may be classified as felonies depending on the circumstances.
The bill also includes a provision that states if there is a conflict between this section and federal law regarding the unlawful transfer or purchase of weapons, federal law will take precedence. Furthermore, the changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. This ensures that any offenses occurring before this date will be governed by the previous laws in effect.
Statutes affected: Introduced: Penal Code 46.06, Penal Code 20.05 (Penal Code 46, Penal Code 20)