Texas 2023 - 88th Regular

Texas House Bill HB4364 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: A. Johnson of Harris H.B. No. 4364
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting certain sales and purchases of firearms;
7	7	creating criminal offenses; providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 46.06, Penal Code, is amended by
10	10	amending Subsections (a) and (d) and adding Subsection (c-1) to
11	11	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 to any child
19	19	younger than 18 years of age any firearm, club, or
20	20	location-restricted knife;
21	21	(2-a) knowingly sells a firearm to a person 18 years of
22	22	age or older but younger than 21 years of age;
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; (4) knowingly sells a firearm or ammunition for a
26	26	firearm to any person who has been convicted of a felony before the
27	27	fifth anniversary of the later of the following dates:
28	28	(A) the person's release from confinement
29	29	following conviction of the felony; or
30	30	(B) the person's release from supervision under
31	31	community supervision, parole, or mandatory supervision following
32	32	conviction of the felony;
33	33	(5) sells, rents, leases, loans, or gives a handgun to
34	34	any person knowing that an active protective order is directed to
35	35	the person to whom the handgun is to be delivered;
36	36	(6) knowingly purchases, rents, leases, or receives as
37	37	a loan or gift from another a handgun while an active protective
38	38	order is directed to the actor; or
39	39	(7) while prohibited from possessing a firearm under
40	40	state or federal law, knowingly makes a material false statement on
41	41	a form that is:
42	42	(A) required by state or federal law for the
43	43	purchase, sale, or other transfer of a firearm; and
44	44	(B) submitted to a licensed firearms dealer, as
45	45	defined by 18 U.S.C. Section 923.
46	46	firearm to any person who has been convicted of a felony before the
47	47	fifth anniversary of the later of the following dates:
48	48	(A) the person's release from confinement
49	49	following conviction of the felony; or
50	50	firearm to any person who has been convicted of a felony before the
51	51	fifth anniversary of the later of the following dates:
52	52	(A) the person's release from confinement
53	53	following conviction of the felony; or
54	54	(c-1) It is an exception to the application of Subsection
55	55	(a)(2-a) that the firearm is sold to a person who holds a license to
56	56	carry a handgun issued under Subchapter H, Chapter 411, Government
57	57	Code.
58	58	(d) An offense under this section is a Class A misdemeanor,
59	59	except that:
60	60	(1) an offense under Subsection (a)(2) is a state jail
61	61	felony if the weapon that is the subject of the offense is a
62	62	handgun; [and]
63	63	(2) an offense under Subsection (a)(2-a) is a felony
64	64	of the third degree; and
65	65	(3) an offense under Subsection (a)(7) is a state jail
66	66	felony.
67	67	SECTION 2. Chapter 46, Penal Code, is amended by adding
68	68	Section 46.065 to read as follows:
69	69	Sec. 46.065. UNLAWFUL PURCHASE OF FIREARM. (a) A person
70	70	who is 18 years of age or older but younger than 21 years of age
71	71	commits an offense if the person knowingly purchases a firearm.
72	72	(b) It is an exception to the application of Subsection (a)
73	73	that the person holds a license to carry a handgun issued under
74	74	Subchapter H, Chapter 411, Government Code.
75	75	(c) An offense under Subsection (a) is a felony of the third
76	76	degree.
77	77	SECTION 3. The change in law made by this Act applies only
78	78	to an offense committed on or after the effective date of this Act.
79	79	An offense committed before the effective date of this Act is
80	80	governed by the law in effect on the date the offense was committed,
81	81	and the former law is continued in effect for that purpose. For
82	82	purposes of this section, an offense was committed before the
83	83	effective date of this Act if any element of the offense occurred
84	84	before that date.
85	85	SECTION 4. This Act takes effect September 1, 2023.