Texas 2025 - 89th Regular

Texas House Bill HB384 Compare Versions

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

Old	New	Differences
1	1	89R1383 AJZ-D
2	2	By: Goodwin H.B. No. 384
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the transfer of certain semiautomatic
10	10	rifles to certain recipients; creating a criminal offense;
11	11	increasing a criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 46.06(a), (c), and (d), Penal Code, are
14	14	amended 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 firearm
24	24	other than a semiautomatic rifle described by Paragraph (B); or
25	25	(B) to a person younger than 21 years of age a
26	26	semiautomatic rifle that is capable of accepting a detachable
27	27	magazine and that has a caliber greater than .22;
28	28	(3) intentionally, knowingly, or recklessly sells a
29	29	firearm or ammunition for a firearm to any person who is
30	30	intoxicated;
31	31	(4) knowingly sells a firearm or ammunition for a
32	32	firearm to any person who has been convicted of a felony before the
33	33	fifth anniversary of the later of the following dates:
34	34	(A) the person's release from confinement
35	35	following conviction of the felony; or
36	36	(B) the person's release from supervision under
37	37	community supervision, parole, or mandatory supervision following
38	38	conviction of the felony;
39	39	(5) sells, rents, leases, loans, or gives a handgun to
40	40	any person knowing that an active protective order is directed to
41	41	the person to whom the handgun is to be delivered;
42	42	(6) knowingly purchases, rents, leases, or receives as
43	43	a loan or gift from another a handgun while an active protective
44	44	order is directed to the actor; or
45	45	(7) while prohibited from possessing a firearm under
46	46	state or federal law, knowingly makes a material false statement on
47	47	a form that is:
48	48	(A) required by state or federal law for the
49	49	purchase, sale, or other transfer of a firearm; and
50	50	(B) submitted to a firearms dealer licensed under
51	51	18 U.S.C. Section 923.
52	52	(c) It is an affirmative defense to prosecution under
53	53	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
54	54	whose parent or the person having legal custody of the minor had
55	55	given written permission for the sale or, if the transfer was other
56	56	than a sale, the parent or person having legal custody had given
57	57	effective consent.
58	58	(d) An offense under this section is a Class A misdemeanor,
59	59	except that:
60	60	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
61	61	a state jail felony if the weapon that is the subject of the offense
62	62	is a handgun; and
63	63	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
64	64	a state jail felony.
65	65	SECTION 2. The change in law made by this Act applies only
66	66	to an offense committed on or after the effective date of this Act.
67	67	An offense committed before the effective date of this Act is
68	68	governed by the law in effect on the date the offense was committed,
69	69	and the former law is continued in effect for that purpose. For
70	70	purposes of this section, an offense was committed before the
71	71	effective date of this Act if any element of the offense occurred
72	72	before that date.
73	73	SECTION 3. This Act takes effect September 1, 2025.