Texas 2023 - 88th Regular

Texas Senate Bill SB1522 Compare Versions

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11 88R1228 MEW-D
22 By: Blanco S.B. No. 1522
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a required waiting period for certain semiautomatic
88 rifle sales; creating a criminal offense.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 46.06(a) and (d), Penal Code, are
1111 amended to read as follows:
1212 (a) A person commits an offense if the person:
1313 (1) sells, rents, leases, loans, or gives a handgun to
1414 any person knowing that the person to whom the handgun is to be
1515 delivered intends to use it unlawfully or in the commission of an
1616 unlawful act;
1717 (2) intentionally or knowingly sells, rents, leases,
1818 or gives or offers to sell, rent, lease, or give to any child
1919 younger than 18 years of age any firearm, club, or
2020 location-restricted knife;
2121 (3) intentionally, knowingly, or recklessly sells a
2222 firearm or ammunition for a firearm to any person who is
2323 intoxicated;
2424 (4) knowingly sells a firearm or ammunition for a
2525 firearm to any person who has been convicted of a felony before the
2626 fifth anniversary of the later of the following dates:
2727 (A) the person's release from confinement
2828 following conviction of the felony; or
2929 (B) the person's release from supervision under
3030 community supervision, parole, or mandatory supervision following
3131 conviction of the felony;
3232 (5) sells, rents, leases, loans, or gives a handgun to
3333 any person knowing that an active protective order is directed to
3434 the person to whom the handgun is to be delivered;
3535 (6) knowingly purchases, rents, leases, or receives as
3636 a loan or gift from another a handgun while an active protective
3737 order is directed to the actor; [or]
3838 (7) while prohibited from possessing a firearm under
3939 state or federal law, knowingly makes a material false statement on
4040 a form that is:
4141 (A) required by state or federal law for the
4242 purchase, sale, or other transfer of a firearm; and
4343 (B) submitted to a licensed firearms dealer, as
4444 defined by 18 U.S.C. Section 923; or
4545 (8) sells a semiautomatic rifle to a person younger
4646 than 21 years of age and delivers the semiautomatic rifle to the
4747 person to whom the semiautomatic rifle is being sold earlier than 72
4848 hours after the firearm was sold to the person.
4949 (d) An offense under this section is a Class A misdemeanor,
5050 except that:
5151 (1) an offense under Subsection (a)(2) is a state jail
5252 felony if the weapon that is the subject of the offense is a
5353 handgun; and
5454 (2) an offense under Subsection (a)(7) or (8) is a
5555 state jail felony.
5656 SECTION 2. The change in law made by this Act applies only
5757 to an offense committed on or after the effective date of this
5858 Act. An offense committed before the effective date of this Act is
5959 governed by the law in effect on the date the offense was committed,
6060 and the former law is continued in effect for that purpose. For
6161 purposes of this section, an offense was committed before the
6262 effective date of this Act if any element of the offense occurred
6363 before that date.
6464 SECTION 3. This Act takes effect September 1, 2023.