Texas 2025 - 89th Regular

Texas House Bill HB352 Compare Versions

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

Old	New	Differences
1	1	89R2845 AJZ-D
2	2	By: Lalani H.B. No. 352
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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. Sections 46.06(a), (c), and (d), Penal Code, are
13	13	amended to read as follows:
14	14	(a) A person commits an offense if the person:
15	15	(1) sells, rents, leases, loans, or gives a handgun to
16	16	any person knowing that the person to whom the handgun is to be
17	17	delivered intends to use it unlawfully or in the commission of an
18	18	unlawful act;
19	19	(2) intentionally or knowingly sells, rents, leases,
20	20	or gives or offers to sell, rent, lease, or give:
21	21	(A) to a [any] child younger than 18 years of age
22	22	a [any firearm,] club[,] or location-restricted knife; or
23	23	(B) to a person younger than 21 years of age a
24	24	firearm;
25	25	(3) intentionally, knowingly, or recklessly sells a
26	26	firearm or ammunition for a firearm to any person who is
27	27	intoxicated;
28	28	(4) knowingly sells a firearm or ammunition for a
29	29	firearm to any person who has been convicted of a felony before the
30	30	fifth anniversary of the later of the following dates:
31	31	(A) the person's release from confinement
32	32	following conviction of the felony; or
33	33	(B) the person's release from supervision under
34	34	community supervision, parole, or mandatory supervision following
35	35	conviction of the felony;
36	36	(5) sells, rents, leases, loans, or gives a handgun to
37	37	any person knowing that an active protective order is directed to
38	38	the person to whom the handgun is to be delivered;
39	39	(6) knowingly purchases, rents, leases, or receives as
40	40	a loan or gift from another a handgun while an active protective
41	41	order is directed to the actor; or
42	42	(7) while prohibited from possessing a firearm under
43	43	state or federal law, knowingly makes a material false statement on
44	44	a form that is:
45	45	(A) required by state or federal law for the
46	46	purchase, sale, or other transfer of a firearm; and
47	47	(B) submitted to a firearms dealer licensed under
48	48	18 U.S.C. Section 923.
49	49	(c) It is an affirmative defense to prosecution under
50	50	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
51	51	whose parent or the person having legal custody of the minor had
52	52	given written permission for the sale or, if the transfer was other
53	53	than a sale, the parent or person having legal custody had given
54	54	effective consent.
55	55	(d) An offense under this section is a Class A misdemeanor,
56	56	except that:
57	57	(1) an offense under Subsection (a)(2)(B) [(a)(2)] is
58	58	a state jail felony if the firearm [weapon] that is the subject of
59	59	the offense is a handgun; and
60	60	(2) an offense under Subsection (a)(7) is a state jail
61	61	felony.
62	62	SECTION 2. The change in law made by this Act applies only
63	63	to an offense committed on or after the effective date of this Act.
64	64	An offense committed before the effective date of this Act is
65	65	governed by the law in effect on the date the offense was committed,
66	66	and the former law is continued in effect for that purpose. For
67	67	purposes of this section, an offense was committed before the
68	68	effective date of this Act if any element of the offense occurred
69	69	before that date.
70	70	SECTION 3. This Act takes effect September 1, 2025.