H.B. No. 5399 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 of firearms with the intent to deliver them to individuals who intend to possess or use them unlawfully. It also 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.

Additionally, the bill clarifies that in cases of 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 on or after that date, ensuring that any offenses occurring prior to the effective date will be governed by the existing law. The bill also includes amendments to the definition of "contraband" to encompass offenses related to the unlawful transfer of firearms, thereby broadening the scope of what constitutes contraband under Texas law.

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