88R4692 AJZ-D
By: Ramos H.B. No. 1072
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offenses of unlawful carrying of
certain weapons and unlawful transfer of certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02(a-4), Penal Code, is amended to
read as follows:
(a-4) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a location-restricted knife;
(2) is younger than 21 [18] years of age at the time of
the offense; and
(3) is not:
(A) on the person's own premises or premises
under the person's control;
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control; or
(C) under the direct supervision of a parent or
legal guardian of the person.
SECTION 2. Sections 46.06(a) and (d), Penal Code, are
amended 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 to any person
[child] younger than 21 [18] years of age any:
(A) firearm, including an assault-style weapon;
(B) club; [,] or
(C) location-restricted knife;
(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.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a firearm
[handgun]; and
(2) an offense under Subsection (a)(7) is a state jail
felony.
SECTION 3. Section 46.06(c), Penal Code, is repealed.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2023.