82R1452 PEP-D
By: Burnam H.B. No. 2807
A BILL TO BE ENTITLED
AN ACT
relating to creating an offense for the unlawful possession or
transfer of a semiautomatic assault weapon.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.055 to read as follows:
Sec. 46.055. UNLAWFUL POSSESSION OR TRANSFER OF
SEMIAUTOMATIC ASSAULT WEAPON. (a) In this section, "semiautomatic
assault weapon" means a firearm that:
(1) requires a separate pull of the trigger to fire
each cartridge or shell but is able to use a portion of the energy of
a firing cartridge or shell to extract the fired cartridge case or
spent shell and to chamber the next round;
(2) is able to accept a detachable magazine; and
(3) is either:
(A) a rifle with at least two of the following
characteristics or a rifle that is a semiautomatic version of an
automatic firearm with at least one of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes
conspicuously beneath the action of the firearm;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel
designed to accommodate a flash suppressor; or
(v) a grenade launcher; or
(B) a pistol with at least two of the following
characteristics or a pistol that is a semiautomatic version of an
automatic firearm with at least one of the following
characteristics:
(i) an ammunition magazine that attaches to
the pistol outside of the pistol grip;
(ii) a threaded barrel that is able to
accept a barrel extender, flash suppressor, forward handgrip, or
silencer;
(iii) a shroud that is attached to or
partially or completely encircles the barrel and that permits the
shooter to hold the firearm with the non-trigger hand without being
burned; or
(iv) a manufactured weight of 50 ounces or
more when the firearm is unloaded.
(b) A person younger than 21 years of age commits an offense
if the person possesses a semiautomatic assault weapon.
(c) A person commits an offense if the person sells, rents,
leases, loans, or gives a semiautomatic assault weapon to any
person knowing that the person to whom the weapon is to be delivered
is younger than 21 years of age.
(d) An offense under this section is a Class A misdemeanor.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. This Act takes effect September 1, 2011.