Texas 2025 - 89th Regular

Texas Senate Bill SB195 Compare Versions

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

Old	New	Differences
1	1	89R3378 MEW-F
2	2	By: Menéndez S.B. No. 195
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a required waiting period for certain firearm
10	10	transfers; creating a criminal offense.
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) and (d) and adding Subsection (c-1) to
14	14	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 to any child
22	22	younger than 18 years of age any firearm, club, or
23	23	location-restricted knife;
24	24	(2-a) intentionally or knowingly sells, rents, or
25	25	leases a firearm to a person 18 years of age or older but younger
26	26	than 21 years of age and delivers the firearm to the person to whom
27	27	the firearm is being sold, rented, or leased before the 30th day
28	28	after the date on which:
29	29	(A) the firearm was sold to the person; or
30	30	(B) the lease or rental agreement for the firearm
31	31	was entered into by the person;
32	32	(3) intentionally, knowingly, or recklessly sells a
33	33	firearm or ammunition for a firearm to any person who is
34	34	intoxicated;
35	35	(4) knowingly sells a firearm or ammunition for a
36	36	firearm to any person who has been convicted of a felony before the
37	37	fifth anniversary of the later of the following dates:
38	38	(A) the person's release from confinement
39	39	following conviction of the felony; or
40	40	(B) the person's release from supervision under
41	41	community supervision, parole, or mandatory supervision following
42	42	conviction of the felony;
43	43	(5) sells, rents, leases, loans, or gives a handgun to
44	44	any person knowing that an active protective order is directed to
45	45	the person to whom the handgun is to be delivered;
46	46	(6) knowingly purchases, rents, leases, or receives as
47	47	a loan or gift from another a handgun while an active protective
48	48	order is directed to the actor; or
49	49	(7) while prohibited from possessing a firearm under
50	50	state or federal law, knowingly makes a material false statement on
51	51	a form that is:
52	52	(A) required by state or federal law for the
53	53	purchase, sale, or other transfer of a firearm; and
54	54	(B) submitted to a firearms dealer licensed under
55	55	18 U.S.C. Section 923.
56	56	(c-1) It is a defense to prosecution under Subsection
57	57	(a)(2-a) that the transfer was to a person who provided evidence to
58	58	the actor that the person is:
59	59	(1) a peace officer; or
60	60	(2) a member of the armed forces or state military
61	61	forces as defined by Section 431.001, Government Code.
62	62	(d) An offense under this section is a Class A misdemeanor,
63	63	except that:
64	64	(1) an offense under Subsection (a)(2) is a state jail
65	65	felony if the weapon that is the subject of the offense is a firearm
66	66	[handgun]; and
67	67	(2) an offense under Subsection (a)(2-a) or (7)
68	68	[(a)(7)] is a state jail felony.
69	69	SECTION 2. The change in law made by this Act applies only
70	70	to an offense committed on or after the effective date of this Act.
71	71	An offense committed before the effective date of this Act is
72	72	governed by the law in effect on the date the offense was committed,
73	73	and the former law is continued in effect for that purpose. For
74	74	purposes of this section, an offense was committed before the
75	75	effective date of this Act if any element of the offense occurred
76	76	before that date.
77	77	SECTION 3. This Act takes effect September 1, 2025.