Texas 2025 - 89th Regular

Texas House Bill HB2380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6044 AJZ-D
2	2	By: Plesa H.B. No. 2380
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the transfer of firearms to certain
10	10	recipients.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.06, Penal Code, is amended by
13	13	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
14	14	to read as follows:
15	15	(a) A person commits an offense if the person:
16	16	(1) sells, rents, leases, loans, or gives a handgun to
17	17	any person knowing that the person to whom the handgun is to be
18	18	delivered intends to use it unlawfully or in the commission of an
19	19	unlawful act;
20	20	(2) intentionally or knowingly sells, rents, leases,
21	21	or gives or offers to sell, rent, lease, or give:
22	22	(A) to a [any] child younger than 18 years of age
23	23	a [any firearm,] club[,] or location-restricted knife; or
24	24	(B) to a person younger than 21 years of age a
25	25	firearm;
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 firearms dealer licensed under
49	49	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 the transfer of the firearm is necessary for the
58	58	actual discharge of the recipient's official duties as a peace
59	59	officer or a member of the United States armed forces or state
60	60	military forces, as defined by Section 437.001, Government Code.
61	61	(d) An offense under this section is a Class A misdemeanor,
62	62	except that:
63	63	(1) an offense under Subsection (a)(2)(B) [(a)(2)] is
64	64	a state jail felony if the firearm [weapon] that is the subject of
65	65	the offense is a handgun; and
66	66	(2) an offense under Subsection (a)(7) is a state jail
67	67	felony.
68	68	SECTION 2. The change in law made by this Act applies only
69	69	to an offense committed on or after the effective date of this Act.
70	70	An offense committed before the effective date of this Act is
71	71	governed by the law in effect on the date the offense was committed,
72	72	and the former law is continued in effect for that purpose. For
73	73	purposes of this section, an offense was committed before the
74	74	effective date of this Act if any element of the offense occurred
75	75	before that date.
76	76	SECTION 3. This Act takes effect September 1, 2025.