Texas 2021 - 87th Regular

Texas Senate Bill SB556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2757 JSC-F
2	2	By: Blanco S.B. No. 556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition or attempted acquisition of a firearm
8	8	by a person prohibited from possessing a firearm; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 46.06, Penal Code, is amended by
12	12	amending Subsections (a) and (d) and adding Subsection (e) to read
13	13	as follows:
14	14	(a) A person commits an offense if the person:
15	15	(1) sells, rents, leases, loans, or gives a handgun to
16	16	any person knowing that the person to whom the handgun is to be
17	17	delivered intends to use it unlawfully or in the commission of an
18	18	unlawful act;
19	19	(2) intentionally or knowingly sells, rents, leases,
20	20	or gives or offers to sell, rent, lease, or give to any child
21	21	younger than 18 years of age any firearm, club, or
22	22	location-restricted knife;
23	23	(3) intentionally, knowingly, or recklessly sells a
24	24	firearm or ammunition for a firearm to any person who is
25	25	intoxicated;
26	26	(4) knowingly sells a firearm or ammunition for a
27	27	firearm to any person who has been convicted of a felony before the
28	28	fifth anniversary of the later of the following dates:
29	29	(A) the person's release from confinement
30	30	following conviction of the felony; or
31	31	(B) the person's release from supervision under
32	32	community supervision, parole, or mandatory supervision following
33	33	conviction of the felony;
34	34	(5) sells, rents, leases, loans, or gives a handgun to
35	35	any person knowing that an active protective order is directed to
36	36	the person to whom the handgun is to be delivered; [or]
37	37	(6) knowingly purchases, rents, leases, or receives as
38	38	a loan or gift from another a handgun while an active protective
39	39	order is directed to the actor; or
40	40	(7) knowingly acquires or attempts to acquire a
41	41	firearm while the actor is prohibited from possessing a firearm by a
42	42	state law or a federal law other than 18 U.S.C. Section 922(g)(4).
43	43	(d) An offense under Subsection (a) [this section] is a
44	44	Class A misdemeanor, except that an offense under Subsection (a)(2)
45	45	is a state jail felony if the weapon that is the subject of the
46	46	offense is a handgun.
47	47	(e) A licensed firearms dealer under 18 U.S.C. Section 923
48	48	who declines to transfer a firearm to a prospective transferee
49	49	because the National Instant Criminal Background Check System
50	50	indicates that the prospective transferee is prohibited from
51	51	possessing a firearm shall notify the Department of Public Safety.
52	52	SECTION 2. Subchapter D, Chapter 411, Government Code, is
53	53	amended by adding Section 411.0525 to read as follows:
54	54	Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
55	55	REPORT. (a) If the department receives a report under Section
56	56	46.06(e), Penal Code, from a licensed firearms dealer under 18
57	57	U.S.C. Section 923, the department shall initiate an investigation.
58	58	(b) If the department's investigation under this section
59	59	produces evidence that a person may have violated Section 46.06,
60	60	Penal Code, the department shall refer the case to the appropriate
61	61	local authorities for further investigation and possible
62	62	prosecution.
63	63	SECTION 3. The change in law made by this Act applies only
64	64	to an offense committed on or after the effective date of this Act.
65	65	An offense committed before the effective date of this Act is
66	66	governed by the law in effect on the date the offense was committed,
67	67	and the former law is continued in effect for that purpose. For
68	68	purposes of this section, an offense was committed before the
69	69	effective date of this Act if any element of the offense occurred
70	70	before that date.
71	71	SECTION 4. This Act takes effect September 1, 2021.