89R3378 MEW-F
By: Menéndez S.B. No. 195
A BILL TO BE ENTITLED
AN ACT
relating to a required waiting period for certain firearm
transfers; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by
amending Subsections (a) and (d) and adding Subsection (c-1) to
read as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(2-a) intentionally or knowingly sells, rents, or
leases a firearm to a person 18 years of age or older but younger
than 21 years of age and delivers the firearm to the person to whom
the firearm is being sold, rented, or leased before the 30th day
after the date on which:
(A) the firearm was sold to the person; or
(B) the lease or rental agreement for the firearm
was entered into by the person;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; or
(7) while prohibited from possessing a firearm under
state or federal law, knowingly makes a material false statement on
a form that is:
(A) required by state or federal law for the
purchase, sale, or other transfer of a firearm; and
(B) submitted to a firearms dealer licensed under
18 U.S.C. Section 923.
(c-1) It is a defense to prosecution under Subsection
(a)(2-a) that the transfer was to a person who provided evidence to
the actor that the person is:
(1) a peace officer; or
(2) a member of the armed forces or state military
forces as defined by Section 431.001, Government Code.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a firearm
[handgun]; and
(2) an offense under Subsection (a)(2-a) or (7)
[(a)(7)] is a state jail felony.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.