88R9111 JCG-D
By: Goodwin H.B. No. 2075
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the transfer of firearms other than
handguns to certain recipients; creating a criminal offense;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (c-1)
and (c-2) 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:
(A) a [to any child younger than 18 years of age
any firearm,] club, [or] location-restricted knife, or handgun to a
child younger than 18 years of age; or
(B) a firearm other than a handgun to a person
younger than 21 years of age;
(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.
(c) It is an affirmative defense to prosecution under
Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
whose parent or the person having legal custody of the minor had
given written permission for the sale or, if the transfer was other
than a sale, the parent or person having legal custody had given
effective consent.
(c-1) It is a defense to prosecution under Subsection
(a)(2)(B) that the transfer of the firearm is necessary for the
actual discharge of the recipient's official duties as a member of
the armed forces or state military forces, as defined by Section
437.001, Government Code.
(c-2) It is an affirmative defense to prosecution under
Subsection (a)(2)(B) that the firearm is transferred to a recipient
who:
(1) is 18 years of age or older; and
(2) not more than one year before the date of the
transfer, successfully completed a hunter education course
described by Section 62.014, Parks and Wildlife Code, that includes
in-person instruction.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (a)(2)(A) [(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)(2)(B) or (a)(7) is
a state jail felony.
SECTION 2. 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 3. This Act takes effect September 1, 2023.