Texas 2023 - 88th Regular

Texas Senate Bill SB32 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 32
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting certain transfers, purchases, and
7	7	possession of assault weapons; creating criminal offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 46, Penal Code, is amended by adding
10	10	Section 46.055 to read as follows:
11	11	Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT
12	12	WEAPON. (a) In this section, "assault weapon" means:
13	13	(1) a semiautomatic centerfire rifle that has the
14	14	capacity to accept a detachable magazine and has:
15	15	(A) a pistol grip that protrudes conspicuously
16	16	beneath the action of the firearm;
17	17	(B) a folding or telescoping stock;
18	18	(C) a thumbhole stock;
19	19	(D) a second handgrip or a protruding grip that
20	20	can be held by the non-trigger hand;
21	21	(E) a flash suppressor; or
22	22	(F) a grenade launcher or flare launcher;
23	23	(2) a semiautomatic centerfire rifle that has a fixed
24	24	magazine that holds more than 10 rounds of ammunition;
25	25	(3) a semiautomatic centerfire rifle that has an
26	26	overall length of less than 30 inches;
27	27	(4) a semiautomatic shotgun that has the capacity to
28	28	accept a detachable magazine;
29	29	(5) a semiautomatic shotgun that has a folding or
30	30	telescoping stock and has:
31	31	(A) a thumbhole stock; or
32	32	(B) a second handgrip or a protruding grip that
33	33	can be held by the non-trigger hand;
34	34	(6) a semiautomatic pistol that has the capacity to
35	35	accept a detachable magazine and has:
36	36	(A) a second handgrip or a protruding grip that
37	37	can be held by the non-trigger hand;
38	38	(B) an ammunition magazine that attaches to the
39	39	pistol outside of the pistol grip;
40	40	(C) a threaded barrel capable of accepting a
41	41	flash suppressor, forward handgrip, or silencer; or
42	42	(D) a shroud that is attached to or partially or
43	43	completely encircles the barrel and that permits the shooter to
44	44	hold the firearm with the non-trigger hand without being burned;
45	45	(7) a semiautomatic pistol that has a fixed magazine
46	46	that holds more than 10 rounds of ammunition;
47	47	(8) a revolving cylinder shotgun; or
48	48	(9) a conversion kit, part, or combination of parts
49	49	from which an assault weapon can be assembled or with which a
50	50	firearm may be converted into a weapon described by Subdivision
51	51	(1), (2), (3), (4), (5), (6), (7), or (8).
52	52	(b) A person who is younger than 21 years of age commits an
53	53	offense if the person knowingly:
54	54	(1) purchases an assault weapon; or
55	55	(2) possesses an assault weapon.
56	56	(c) An offense under this section is a Class A misdemeanor.
57	57	(d) It is a defense to prosecution under Subsection (b)(1)
58	58	that the actor purchased the assault weapon for the actual
59	59	discharge of official duties as:
60	60	(1) a peace officer; or
61	61	(2) a member of the armed forces or state military
62	62	forces as defined by Section 431.001, Government Code.
63	63	(e) It is a defense to prosecution under Subsection (b)(2)
64	64	that:
65	65	(1) the actor possessed the assault weapon in the
66	66	actual discharge of official duties, or directly en route to or from
67	67	the person's place of assignment, as:
68	68	(A) a peace officer; or
69	69	(B) a member of the armed forces or state
70	70	military forces as defined by Section 431.001, Government Code; or
71	71	(2) the actor lawfully possessed the assault weapon on
72	72	August 31, 2023.
73	73	SECTION 2. Section 46.06, Penal Code, is amended by
74	74	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
75	75	to read as follows:
76	76	(a) A person commits an offense if the person:
77	77	(1) sells, rents, leases, loans, or gives a handgun to
78	78	any person knowing that the person to whom the handgun is to be
79	79	delivered intends to use it unlawfully or in the commission of an
80	80	unlawful act;
81	81	(2) intentionally or knowingly sells, rents, leases,
82	82	or gives or offers to sell, rent, lease, or give:
83	83	(A) a [to any child younger than 18 years of age
84	84	any firearm,] club, [or] location-restricted knife, or firearm
85	85	other than an assault weapon to a person younger than 18 years of
86	86	age; or
87	87	(B) an assault weapon to a person younger than 21
88	88	years of age;
89	89	(3) intentionally, knowingly, or recklessly sells a
90	90	firearm or ammunition for a firearm to any person who is
91	91	intoxicated;
92	92	(4) knowingly sells a firearm or ammunition for a
93	93	firearm to any person who has been convicted of a felony before the
94	94	fifth anniversary of the later of the following dates:
95	95	(A) the person's release from confinement
96	96	following conviction of the felony; or
97	97	(B) the person's release from supervision under
98	98	community supervision, parole, or mandatory supervision following
99	99	conviction of the felony;
100	100	(5) sells, rents, leases, loans, or gives a handgun to
101	101	any person knowing that an active protective order is directed to
102	102	the person to whom the handgun is to be delivered;
103	103	(6) knowingly purchases, rents, leases, or receives as
104	104	a loan or gift from another a handgun while an active protective
105	105	order is directed to the actor; or
106	106	(7) while prohibited from possessing a firearm under
107	107	state or federal law, knowingly makes a material false statement on
108	108	a form that is:
109	109	(A) required by state or federal law for the
110	110	purchase, sale, or other transfer of a firearm; and
111	111	(B) submitted to a [licensed] firearms dealer
112	112	licensed under [, as defined by] 18 U.S.C. Section 923.
113	113	(c) It is an affirmative defense to prosecution under
114	114	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
115	115	whose parent or the person having legal custody of the minor had
116	116	given written permission for the sale or, if the transfer was other
117	117	than a sale, the parent or person having legal custody had given
118	118	effective consent.
119	119	(c-1) It is a defense to prosecution under Subsection
120	120	(a)(2)(B) that the transfer was to a person who provided evidence to
121	121	the actor that the person is:
122	122	(1) a peace officer; or
123	123	(2) a member of the armed forces or state military
124	124	forces as defined by Section 431.001, Government Code.
125	125	(d) An offense under this section is a Class A misdemeanor,
126	126	except that:
127	127	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
128	128	a state jail felony if the weapon that is the subject of the offense
129	129	is a handgun; [and]
130	130	(2) an offense under Subsection (a)(2)(B) is a state
131	131	jail felony; and
132	132	(3) an offense under Subsection (a)(7) is a state jail
133	133	felony.
134	134	SECTION 3. Section 46.06(b), Penal Code, is amended by
135	135	adding Subdivision (3) to read as follows:
136	136	(3) "Assault weapon" has the meaning assigned by
137	137	Section 46.055.
138	138	SECTION 4. The change in law made by this Act applies only
139	139	to an offense committed on or after the effective date of this Act.
140	140	An offense committed before the effective date of this Act is
141	141	governed by the law in effect on the date the offense was committed,
142	142	and the former law is continued in effect for that purpose. For
143	143	purposes of this section, an offense was committed before the
144	144	effective date of this Act if any element of the offense occurred
145	145	before that date.
146	146	SECTION 5. This Act takes effect September 1, 2023.