| 1 | 1 | | 89R4328 JDK-D |
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| 2 | 2 | | By: Eckhardt, Gutierrez S.B. No. 356 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prosecution of the offense of unlawful transfer of a |
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| 10 | 10 | | firearm. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 46.06(a), Penal Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (a) A person commits an offense if the person: |
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| 15 | 15 | | (1) sells, rents, leases, loans, or gives a firearm |
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| 16 | 16 | | [handgun] to any person knowing that the person to whom the firearm |
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| 17 | 17 | | [handgun] is to be delivered intends to use it unlawfully or in the |
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| 18 | 18 | | commission of an unlawful act; |
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| 19 | 19 | | (2) intentionally or knowingly sells, rents, leases, |
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| 20 | 20 | | or gives or offers to sell, rent, lease, or give to any child |
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| 21 | 21 | | younger than 18 years of age any firearm, club, or |
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| 22 | 22 | | location-restricted knife; |
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| 23 | 23 | | (3) intentionally, knowingly, or recklessly sells a |
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| 24 | 24 | | firearm or ammunition for a firearm to any person who is |
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| 25 | 25 | | intoxicated; |
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| 26 | 26 | | (4) knowingly sells a firearm or ammunition for a |
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| 27 | 27 | | firearm to any person who has been convicted of a felony before the |
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| 28 | 28 | | fifth anniversary of the later of the following dates: |
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| 29 | 29 | | (A) the person's release from confinement |
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| 30 | 30 | | following conviction of the felony; or |
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| 31 | 31 | | (B) the person's release from supervision under |
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| 32 | 32 | | community supervision, parole, or mandatory supervision following |
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| 33 | 33 | | conviction of the felony; |
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| 34 | 34 | | (5) sells, rents, leases, loans, or gives a firearm |
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| 35 | 35 | | [handgun] to any person knowing that an active protective order is |
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| 36 | 36 | | directed to the person to whom the firearm [handgun] is to be |
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| 37 | 37 | | delivered; |
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| 38 | 38 | | (6) knowingly purchases, rents, leases, or receives as |
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| 39 | 39 | | a loan or gift from another a firearm [handgun] while an active |
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| 40 | 40 | | protective order is directed to the actor; or |
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| 41 | 41 | | (7) while prohibited from possessing a firearm under |
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| 42 | 42 | | state or federal law, knowingly makes a material false statement on |
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| 43 | 43 | | a form that is: |
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| 44 | 44 | | (A) required by state or federal law for the |
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| 45 | 45 | | purchase, sale, or other transfer of a firearm; and |
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| 46 | 46 | | (B) submitted to a firearms dealer licensed under |
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| 47 | 47 | | 18 U.S.C. Section 923. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the offense was committed, |
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| 52 | 52 | | and the former law is continued in effect for that purpose. For |
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| 53 | 53 | | purposes of this section, an offense was committed before the |
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| 54 | 54 | | effective date of this Act if any element of the offense occurred |
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| 55 | 55 | | before that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
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