Bill Summary – FastDemocracy

   
      88(R) HB 2744 - House Committee Report version - Bill Text
      
            88R19368 AJZ-F
         
		By:  King of Uvalde, et al.
            H.B.  No.  2744
         
            Substitute the following for  H.B.  No.  2744:
         
            By:    Canales
            C.S.H.B.  No.  2744
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to prohibiting the transfer of certain semiautomatic 
         
            rifles to certain recipients; creating a criminal offense; 
         
            increasing a criminal penalty.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 46.06, Penal Code, is amended by 
         
            amending Subsections (a), (c), and (d) and adding Subsection (c-1) 
         
            to read as follows:
         
                          (a)    A person commits an offense if the person:
         
                                      (1)    sells, rents, leases, loans, or gives a handgun to 
         
            any person knowing that the person to whom the handgun is to be 
         
            delivered intends to use it unlawfully or in the commission of an 
         
            unlawful act;
         
                                      (2)    intentionally or knowingly sells, rents, leases, 
         
            or gives or offers to sell, rent, lease, or give:
         
                                                  (A)    to a  [any] child younger than 18 years of age 
         
            a  [any firearm,] club, [or] location-restricted knife, or firearm 
         
            other than a semiautomatic rifle described by Paragraph (B); or
         
                                                  (B)    to a person younger than 21 years of age a 
         
            semiautomatic rifle that is capable of accepting a detachable 
         
            magazine and that has a caliber greater than .22;
         
                                      (3)    intentionally, knowingly, or recklessly sells a 
         
            firearm or ammunition for a firearm to any person who is 
         
            intoxicated;
         
                                      (4)    knowingly sells a firearm or ammunition for a 
         
            firearm to any person who has been convicted of a felony before the 
         
            fifth anniversary of the later of the following dates:
         
                                                  (A)    the person's release from confinement 
         
            following conviction of the felony; or
         
                                                  (B)    the person's release from supervision under 
         
            community supervision, parole, or mandatory supervision following 
         
            conviction of the felony;
         
                                      (5)    sells, rents, leases, loans, or gives a handgun to 
         
            any person knowing that an active protective order is directed to 
         
            the person to whom the handgun is to be delivered;
         
                                      (6)    knowingly purchases, rents, leases, or receives as 
         
            a loan or gift from another a handgun while an active protective 
         
            order is directed to the actor; or
         
                                      (7)    while prohibited from possessing a firearm under 
         
            state or federal law, knowingly makes a material false statement on 
         
            a form that is:
         
                                                  (A)    required by state or federal law for the 
         
            purchase, sale, or other transfer of a firearm; and
         
                                                  (B)    submitted to a [licensed] firearms dealer 
         
            licensed under[, as defined by] 18 U.S.C. Section 923.
         
                          (c)    It is an affirmative defense to prosecution under 
         
            Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor 
         
            whose parent or the person having legal custody of the minor had 
         
            given written permission for the sale or, if the transfer was other 
         
            than a sale, the parent or person having legal custody had given 
         
            effective consent.
         
                          (c-1)    It is an exception to the application of Subsection 
         
            (a)(2)(B) that:  
         
                                      (1)    the semiautomatic rifle is transferred to a 
         
            recipient who:
         
                                                  (A)    is a peace officer; or
         
                                                  (B)    is currently serving in or has been honorably 
         
            discharged from the United States armed forces; or
         
                                      (2)    the transfer of the semiautomatic rifle is a 
         
            temporary loan to a person who is to carry or use the semiautomatic 
         
            rifle only:  
         
                                                  (A)    while in the presence of the transferor;  
         
                                     &
Statutes affected: 
Introduced: Penal Code 46.06 (Penal Code 46)
House Committee Report: Penal Code 46.06 (Penal Code 46)

	88R19368 AJZ-F

	By: King of Uvalde, et al.	H.B. No. 2744

	Substitute the following for H.B. No. 2744:

	By: Canales	C.S.H.B. No. 2744



	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the transfer of certain semiautomatic
	rifles to certain recipients; creating a criminal offense;
	increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 46.06, Penal Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
	to read as follows:
	(a) A person commits an offense if the person:
	(1) sells, rents, leases, loans, or gives a handgun to
	any person knowing that the person to whom the handgun is to be
	delivered intends to use it unlawfully or in the commission of an
	unlawful act;
	(2) intentionally or knowingly sells, rents, leases,
	or gives or offers to sell, rent, lease, or give:
	(A) to a [~~any~~] child younger than 18 years of age
	a [~~any firearm,~~] club, [or] location-restricted knife, or firearm
	other than a semiautomatic rifle described by Paragraph (B); or
	(B) to a person younger than 21 years of age a
	semiautomatic rifle that is capable of accepting a detachable
	magazine and that has a caliber greater than .22;
	(3) intentionally, knowingly, or recklessly sells a
	firearm or ammunition for a firearm to any person who is
	intoxicated;
	(4) knowingly sells a firearm or ammunition for a
	firearm to any person who has been convicted of a felony before the
	fifth anniversary of the later of the following dates:
	(A) the person's release from confinement
	following conviction of the felony; or
	(B) the person's release from supervision under
	community supervision, parole, or mandatory supervision following
	conviction of the felony;
	(5) sells, rents, leases, loans, or gives a handgun to
	any person knowing that an active protective order is directed to
	the person to whom the handgun is to be delivered;
	(6) knowingly purchases, rents, leases, or receives as
	a loan or gift from another a handgun while an active protective
	order is directed to the actor; or
	(7) while prohibited from possessing a firearm under
	state or federal law, knowingly makes a material false statement on
	a form that is:
	(A) required by state or federal law for the
	purchase, sale, or other transfer of a firearm; and
	(B) submitted to a [~~licensed~~] firearms dealer
	licensed under[~~, as defined by~~] 18 U.S.C. Section 923.
	(c) It is an affirmative defense to prosecution under
	Subsection (a)(2)(A) [~~(a)(2)~~] that the transfer was to a minor
	whose parent or the person having legal custody of the minor had
	given written permission for the sale or, if the transfer was other
	than a sale, the parent or person having legal custody had given
	effective consent.
	(c-1) It is an exception to the application of Subsection
	(a)(2)(B) that:
	(1) the semiautomatic rifle is transferred to a
	recipient who:
	(A) is a peace officer; or
	(B) is currently serving in or has been honorably
	discharged from the United States armed forces; or
	(2) the transfer of the semiautomatic rifle is a
	temporary loan to a person who is to carry or use the semiautomatic
	rifle only:
	(A) while in the presence of the transferor;
	& Statutes affected: Introduced: Penal Code 46.06 (Penal Code 46) House Committee Report: Penal Code 46.06 (Penal Code 46)