83R5886 PEP-D
By: Ellis S.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to creating an offense for the unlawful possession or
transfer of a large-capacity magazine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.056 to read as follows:
Sec. 46.056. UNLAWFUL POSSESSION OR TRANSFER OF
LARGE-CAPACITY MAGAZINE. (a) In this section, "large-capacity
magazine" means a detachable ammunition feeding device with the
capacity to accept more than 20 rounds. The term does not include:
(1) a .22 caliber tube ammunition feeding device;
(2) a tubular magazine that is contained in a
lever-action firearm; or
(3) an ammunition feeding device that has been
permanently disabled from accepting more than 20 rounds.
(b) A person commits an offense if the person:
(1) possesses a large-capacity magazine; or
(2) sells, rents, leases, loans, or gives a
large-capacity magazine to another.
(c) An offense under this section is a Class A misdemeanor.
(d) It is a defense to prosecution under this section that
the actor engaged in the conduct:
(1) while engaged in the actual discharge of official
duties, or directly en route to or from the person's place of
assignment, as:
(A) a peace officer;
(B) a member of the armed forces or state
military forces as defined by Section 431.001, Government Code; or
(C) a government officer or employee authorized
to possess a large-capacity magazine for public safety purposes;
(2) for the sole purpose of making the magazine
available to a person described by Subdivision (1);
(3) to conduct a forensic analysis or for another
legitimate law enforcement purpose;
(4) for the sole purpose of permanently disabling the
magazine from accepting more than 20 rounds;
(5) for the sole purpose of maintaining the magazine
as a museum piece or as a decorative prop for use in a motion
picture, television, or video production or other entertainment
event;
(6) while engaged in the interstate transportation of
firearms in accordance with federal law; or
(7) for the sole purpose of surrendering the magazine
to a state or federal law enforcement agency.
(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, 2013.