Texas 2025 - 89th Regular

Texas House Bill HB306 Compare Versions

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

Old	New	Differences
1	1	89R2847 AJZ-D
2	2	By: Lalani H.B. No. 306
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting certain transfers, purchases, and
10	10	possession of firearms; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 46, Penal Code, is amended by adding
13	13	Section 46.055 to read as follows:
14	14	Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF FIREARM.
15	15	(a) A person who is younger than 21 years of age commits an offense
16	16	if the person knowingly:
17	17	(1) purchases a firearm; or
18	18	(2) possesses a firearm.
19	19	(b) An offense under this section is a Class A misdemeanor.
20	20	SECTION 2. Sections 46.06(a), (c), and (d), Penal Code, are
21	21	amended to read as follows:
22	22	(a) A person commits an offense if the person:
23	23	(1) sells, rents, leases, loans, or gives a handgun to
24	24	any person knowing that the person to whom the handgun is to be
25	25	delivered intends to use it unlawfully or in the commission of an
26	26	unlawful act;
27	27	(2) intentionally or knowingly sells, rents, leases,
28	28	or gives or offers to sell, rent, lease, or give:
29	29	(A) to a [any] child younger than 18 years of age
30	30	a [any firearm,] club[,] or location-restricted knife; or
31	31	(B) to a person younger than 21 years of age a
32	32	firearm;
33	33	(3) intentionally, knowingly, or recklessly sells a
34	34	firearm or ammunition for a firearm to any person who is
35	35	intoxicated;
36	36	(4) knowingly sells a firearm or ammunition for a
37	37	firearm to any person who has been convicted of a felony before the
38	38	fifth anniversary of the later of the following dates:
39	39	(A) the person's release from confinement
40	40	following conviction of the felony; or
41	41	(B) the person's release from supervision under
42	42	community supervision, parole, or mandatory supervision following
43	43	conviction of the felony;
44	44	(5) sells, rents, leases, loans, or gives a handgun to
45	45	any person knowing that an active protective order is directed to
46	46	the person to whom the handgun is to be delivered;
47	47	(6) knowingly purchases, rents, leases, or receives as
48	48	a loan or gift from another a handgun while an active protective
49	49	order is directed to the actor; or
50	50	(7) while prohibited from possessing a firearm under
51	51	state or federal law, knowingly makes a material false statement on
52	52	a form that is:
53	53	(A) required by state or federal law for the
54	54	purchase, sale, or other transfer of a firearm; and
55	55	(B) submitted to a firearms dealer licensed under
56	56	18 U.S.C. Section 923.
57	57	(c) It is an affirmative defense to prosecution under
58	58	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
59	59	whose parent or the person having legal custody of the minor had
60	60	given written permission for the sale or, if the transfer was other
61	61	than a sale, the parent or person having legal custody had given
62	62	effective consent.
63	63	(d) An offense under this section is a Class A misdemeanor,
64	64	except that:
65	65	(1) an offense under Subsection (a)(2)(B) [(a)(2)] is
66	66	a state jail felony if the firearm [weapon] that is the subject of
67	67	the offense is a handgun; and
68	68	(2) an offense under Subsection (a)(7) is a state jail
69	69	felony.
70	70	SECTION 3. The change in law made by this Act applies only
71	71	to an offense committed on or after the effective date of this Act.
72	72	An offense committed before the effective date of this Act is
73	73	governed by the law in effect on the date the offense was committed,
74	74	and the former law is continued in effect for that purpose. For
75	75	purposes of this section, an offense was committed before the
76	76	effective date of this Act if any element of the offense occurred
77	77	before that date.
78	78	SECTION 4. This Act takes effect September 1, 2025.