Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Gutierrez S.B. No. 6
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting the transfer of certain semiautomatic
7	7	rifles to certain recipients; creating a criminal offense;
8	8	increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.06, Penal Code, is amended by
11	11	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
12	12	to read as follows:
13	13	(a) A person commits an offense if the person:
14	14	(1) sells, rents, leases, loans, or gives a handgun to
15	15	any person knowing that the person to whom the handgun is to be
16	16	delivered intends to use it unlawfully or in the commission of an
17	17	unlawful act;
18	18	(2) intentionally or knowingly sells, rents, leases,
19	19	or gives or offers to sell, rent, lease, or give:
20	20	(A) to a [any] child younger than 18 years of age
21	21	a [any firearm,] club, [or] location-restricted knife, or firearm
22	22	other than a semiautomatic rifle described by Paragraph (B); or
23	23	(B) to a person younger than 21 years of age a
24	24	semiautomatic rifle that is capable of accepting a detachable
25	25	magazine and that has a caliber greater than .22;
26	26	(3) intentionally, knowingly, or recklessly sells a
27	27	firearm or ammunition for a firearm to any person who is
28	28	intoxicated;
29	29	(4) knowingly sells a firearm or ammunition for a
30	30	firearm to any person who has been convicted of a felony before the
31	31	fifth anniversary of the later of the following dates:
32	32	(A) the person's release from confinement
33	33	following conviction of the felony; or
34	34	(B) the person's release from supervision under
35	35	community supervision, parole, or mandatory supervision following
36	36	conviction of the felony;
37	37	(5) sells, rents, leases, loans, or gives a handgun to
38	38	any person knowing that an active protective order is directed to
39	39	the person to whom the handgun is to be delivered;
40	40	(6) knowingly purchases, rents, leases, or receives as
41	41	a loan or gift from another a handgun while an active protective
42	42	order is directed to the actor; or
43	43	(7) while prohibited from possessing a firearm under
44	44	state or federal law, knowingly makes a material false statement on
45	45	a form that is:
46	46	(A) required by state or federal law for the
47	47	purchase, sale, or other transfer of a firearm; and
48	48	(B) submitted to a [licensed] firearms dealer
49	49	licensed under[, as defined by] 18 U.S.C. Section 923.
50	50	(c) It is an affirmative defense to prosecution under
51	51	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
52	52	whose parent or the person having legal custody of the minor had
53	53	given written permission for the sale or, if the transfer was other
54	54	than a sale, the parent or person having legal custody had given
55	55	effective consent.
56	56	(c-1) It is an exception to the application of Subsection
57	57	(a)(2)(B) that:
58	58	(1) the semiautomatic rifle is transferred to a
59	59	recipient who:
60	60	(A) is a peace officer; or
61	61	(B) is currently serving in or has been honorably
62	62	discharged from the United States armed forces; or
63	63	(2) the transfer of the semiautomatic rifle is a
64	64	temporary loan to a person who is to carry or use the semiautomatic
65	65	rifle only:
66	66	(A) while in the presence of the transferor;
67	67	(B) while on property owned or leased by the
68	68	transferor;
69	69	(C) on the premises of a sport shooting range, as
70	70	defined by Section 250.001, Local Government Code, and solely for
71	71	the purpose of shooting targets at the range; or
72	72	(D) at a lawful competition involving the use of
73	73	a firearm.
74	74	(d) An offense under this section is a Class A misdemeanor,
75	75	except that:
76	76	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
77	77	a state jail felony if the weapon that is the subject of the offense
78	78	is a handgun; and
79	79	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
80	80	a state jail felony.
81	81	SECTION 2. The change in law made by this Act applies only
82	82	to an offense committed on or after the effective date of this Act.
83	83	An offense committed before the effective date of this Act is
84	84	governed by the law in effect on the date the offense was committed,
85	85	and the former law is continued in effect for that purpose. For
86	86	purposes of this section, an offense was committed before the
87	87	effective date of this Act if any element of the offense occurred
88	88	before that date.
89	89	SECTION 3. To the extent of any conflict, this Act prevails
90	90	over another Act of the 88th Legislature, Regular Session, 2023,
91	91	relating to nonsubstantive additions to and corrections in enacted
92	92	codes.
93	93	SECTION 4. This Act takes effect September 1, 2023.