88R2908 SHH-D
By: Eckhardt S.B. No. 698
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful transfer of a
firearm.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a firearm
[handgun] to any person knowing that the person to whom the firearm
[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 to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(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 firearm
[handgun] to any person knowing that an active protective order is
directed to the person to whom the firearm [handgun] is to be
delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a firearm [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.
SECTION 2. 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 3. This Act takes effect September 1, 2023.