By: Menéndez, Gutierrez S.B. No. 910
A BILL TO BE ENTITLED
AN ACT
relating to requiring a thirty day waiting period before a person
less than 21 years of age may purchase a firearm; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by amending
Subsections (a), (c), and (d) and adding Subsection (c-1) to read as
follow:
(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
(B) a firearm to any person younger than 21 years
of age before a 30-day waiting period has elapsed from the date of
transfer.
(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 2. Chapter 46, Penal Code, is amended Section 46.16
to read as follows:
Sec. 46.16. WAITING PERIOD FOR FIREARMS TRANSFER. (a) No
licensed firearms dealer shall sell or transfer a firearm to a
purchaser younger than 21 years of age unless a 30-day waiting
period has elapsed from the date of the transfer.
(b) The 30-day waiting period under this section shall not
apply to any sale or transfer of a firearm:
(i) Made to a law enforcement officer, a member of the
armed forces, or a firearms instructor; or
(ii) Made as part of a lawful bequest or intestate
succession.
(c) Any person who violates the provisions of this statute
shall be guilty of a Class A misdemeanor.
SECTION 3. This Act takes effect September 1, 2023.