Texas 2025 - 89th Regular

Texas Senate Bill SB1385 Compare Versions

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

Old	New	Differences
1	1	89R13425 MZM-F
2	2	By: Huffman S.B. No. 1385
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unlawful acquisition of certain weapons; creating a
10	10	criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 46.06, Penal Code, is
13	13	amended to read as follows:
14	14	Sec. 46.06. UNLAWFUL TRANSFER OR ACQUISITION OF CERTAIN
15	15	WEAPONS.
16	16	SECTION 2. Sections 46.06(a) and (d), Penal Code, are
17	17	amended to read as follows:
18	18	(a) A person commits an offense if the person:
19	19	(1) sells, rents, leases, loans, or gives a handgun to
20	20	any person knowing that the person to whom the handgun is to be
21	21	delivered intends to use it unlawfully or in the commission of an
22	22	unlawful act;
23	23	(2) intentionally or knowingly sells, rents, leases,
24	24	or gives or offers to sell, rent, lease, or give to any child
25	25	younger than 18 years of age any firearm, club, or
26	26	location-restricted knife;
27	27	(3) intentionally, knowingly, or recklessly sells a
28	28	firearm or ammunition for a firearm to any person who is
29	29	intoxicated;
30	30	(4) knowingly sells a firearm or ammunition for a
31	31	firearm to any person who has been convicted of a felony before the
32	32	fifth anniversary of the later of the following dates:
33	33	(A) the person's release from confinement
34	34	following conviction of the felony; or
35	35	(B) the person's release from supervision under
36	36	community supervision, parole, or mandatory supervision following
37	37	conviction of the felony;
38	38	(5) sells, rents, leases, loans, or gives a handgun to
39	39	any person knowing that an active protective order is directed to
40	40	the person to whom the handgun is to be delivered;
41	41	(6) knowingly purchases, rents, leases, or receives as
42	42	a loan or gift from another a handgun while an active protective
43	43	order is directed to the actor; [or]
44	44	(7) while prohibited from possessing a firearm under
45	45	state or federal law, knowingly makes a material false statement on
46	46	a form that is:
47	47	(A) required by state or federal law for the
48	48	purchase, sale, or other transfer of a firearm; and
49	49	(B) submitted to a firearms dealer licensed under
50	50	18 U.S.C. Section 923; or
51	51	(8) acquires a firearm with intent to deliver the
52	52	firearm to a person knowing that the person to whom the firearm is
53	53	to be delivered is prohibited from possessing the firearm by state
54	54	or federal law.
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) is a state jail
58	58	felony if the weapon that is the subject of the offense is a
59	59	handgun; and
60	60	(2) an offense under Subsection (a)(7) or (8) is a
61	61	state jail felony.
62	62	SECTION 3. 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 4. This Act takes effect September 1, 2025.