88R3326 SHH-F
By: Ordaz H.B. No. 1616
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition or attempted acquisition of a firearm
by a person prohibited from possessing a firearm; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) 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 child
younger than 18 years of age any firearm, club, or
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; or
(8) knowingly acquires or attempts to acquire a
firearm while the actor is prohibited from possessing a firearm by a
state law or a federal law other than 18 U.S.C. Section 922(g)(4).
(d) An offense under Subsection (a) [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
handgun; and
(2) an offense under Subsection (a)(7) is a state jail
felony.
(e) A firearms dealer licensed under 18 U.S.C. Section 923
who declines to transfer a firearm to a prospective transferee
because the National Instant Criminal Background Check System
indicates that the prospective transferee is prohibited from
possessing a firearm shall notify the Department of Public Safety.
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0525 to read as follows:
Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
NOTIFICATION. (a) If the department receives a notification under
Section 46.06(e), Penal Code, from a firearms dealer licensed under
18 U.S.C. Section 923, the department shall initiate an
investigation.
(b) If the department's investigation under this section
produces evidence that a person may have violated Section 46.06,
Penal Code, the department shall refer the case to the appropriate
local authorities for further investigation and possible
prosecution.
SECTION 3. 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 4. This Act takes effect September 1, 2023.