By: Zaffirini S.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain transfers, purchases, and
possession of assault weapons; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.055 to read as follows:
Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT
WEAPON. (a) In this section, "assault weapon" means:
(1) a semiautomatic centerfire rifle that has the
capacity to accept a detachable magazine and has:
(A) a pistol grip that protrudes conspicuously
beneath the action of the firearm;
(B) a folding or telescoping stock;
(C) a thumbhole stock;
(D) a second handgrip or a protruding grip that
can be held by the non-trigger hand;
(E) a flash suppressor; or
(F) a grenade launcher or flare launcher;
(2) a semiautomatic centerfire rifle that has a fixed
magazine that holds more than 10 rounds of ammunition;
(3) a semiautomatic centerfire rifle that has an
overall length of less than 30 inches;
(4) a semiautomatic shotgun that has the capacity to
accept a detachable magazine;
(5) a semiautomatic shotgun that has a folding or
telescoping stock and has:
(A) a thumbhole stock; or
(B) a second handgrip or a protruding grip that
can be held by the non-trigger hand;
(6) a semiautomatic pistol that has the capacity to
accept a detachable magazine and has:
(A) a second handgrip or a protruding grip that
can be held by the non-trigger hand;
(B) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(C) a threaded barrel capable of accepting a
flash suppressor, forward handgrip, or silencer; or
(D) a shroud that is attached to or partially or
completely encircles the barrel and that permits the shooter to
hold the firearm with the non-trigger hand without being burned;
(7) a semiautomatic pistol that has a fixed magazine
that holds more than 10 rounds of ammunition;
(8) a revolving cylinder shotgun; or
(9) a conversion kit, part, or combination of parts
from which an assault weapon can be assembled or with which a
firearm may be converted into a weapon described by Subdivision
(1), (2), (3), (4), (5), (6), (7), or (8).
(b) A person who is younger than 21 years of age commits an
offense if the person knowingly:
(1) purchases an assault weapon; or
(2) possesses an assault weapon.
(c) An offense under this section is a Class A misdemeanor.
(d) It is a defense to prosecution under Subsection (b)(1)
that the actor purchased the assault weapon for the actual
discharge of official duties as:
(1) a peace officer; or
(2) a member of the armed forces or state military
forces as defined by Section 431.001, Government Code.
(e) It is a defense to prosecution under Subsection (b)(2)
that:
(1) the actor possessed the assault weapon in the
actual discharge of official duties, or directly en route to or from
the person's place of assignment, as:
(A) a peace officer; or
(B) a member of the armed forces or state
military forces as defined by Section 431.001, Government Code; or
(2) the actor lawfully possessed the assault weapon on
August 31, 2023.
SECTION 2. Section 46.06, Penal Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (c-1)
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 firearm
other than an assault weapon to a person younger than 18 years of
age; or
(B) an assault weapon 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 was to a person who provided evidence to
the actor that the person is:
(1) a peace officer; or
(2) a member of the armed forces or state military
forces as defined by Section 431.001, Government Code.
(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) is a state
jail felony; and
(3) an offense under Subsection (a)(7) is a state jail
felony.
SECTION 3. Section 46.06(b), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Assault weapon" has the meaning assigned by
Section 46.055.
SECTION 4. 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 5. This Act takes effect September 1, 2023.