Texas 2023 - 88th Regular

Texas House Bill HB2916 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12735 AJZ-D
2	2	By: Reynolds H.B. No. 2916
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the transfer of semiautomatic rifles to
8	8	certain recipients; increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 46.06(a), (c), and (d), Penal Code, are
11	11	amended to read as follows:
12	12	(a) A person commits an offense if the person:
13	13	(1) sells, rents, leases, loans, or gives a handgun to
14	14	any person knowing that the person to whom the handgun is to be
15	15	delivered intends to use it unlawfully or in the commission of an
16	16	unlawful act;
17	17	(2) intentionally or knowingly sells, rents, leases,
18	18	or gives or offers to sell, rent, lease, or give:
19	19	(A) to a [any] child younger than 18 years of age
20	20	a [any firearm,] club, [or] location-restricted knife, or firearm
21	21	other than a semiautomatic rifle; or
22	22	(B) to a person younger than 21 years of age a
23	23	semiautomatic rifle;
24	24	(3) intentionally, knowingly, or recklessly sells a
25	25	firearm or ammunition for a firearm to any person who is
26	26	intoxicated;
27	27	(4) knowingly sells a firearm or ammunition for a
28	28	firearm to any person who has been convicted of a felony before the
29	29	fifth anniversary of the later of the following dates:
30	30	(A) the person's release from confinement
31	31	following conviction of the felony; or
32	32	(B) the person's release from supervision under
33	33	community supervision, parole, or mandatory supervision following
34	34	conviction of the felony;
35	35	(5) sells, rents, leases, loans, or gives a handgun to
36	36	any person knowing that an active protective order is directed to
37	37	the person to whom the handgun is to be delivered;
38	38	(6) knowingly purchases, rents, leases, or receives as
39	39	a loan or gift from another a handgun while an active protective
40	40	order is directed to the actor; or
41	41	(7) while prohibited from possessing a firearm under
42	42	state or federal law, knowingly makes a material false statement on
43	43	a form that is:
44	44	(A) required by state or federal law for the
45	45	purchase, sale, or other transfer of a firearm; and
46	46	(B) submitted to a [licensed] firearms dealer
47	47	licensed under[, as defined by] 18 U.S.C. Section 923.
48	48	(c) It is an affirmative defense to prosecution under
49	49	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
50	50	whose parent or the person having legal custody of the minor had
51	51	given written permission for the sale or, if the transfer was other
52	52	than a sale, the parent or person having legal custody had given
53	53	effective consent.
54	54	(d) An offense under this section is a Class A misdemeanor,
55	55	except that:
56	56	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
57	57	a state jail felony if the weapon that is the subject of the offense
58	58	is a handgun; and
59	59	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
60	60	a state jail felony.
61	61	SECTION 2. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect on the date the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 3. This Act takes effect September 1, 2023.