Texas 2025 - 89th Regular

Texas Senate Bill SB41 Compare Versions

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

Old	New	Differences
1	1	89R681 AJZ-F
2	2	By: Zaffirini, Cook S.B. No. 41
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting certain transfers, purchases, and
10	10	possession of assault weapons; creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 46, Penal Code, is amended by adding
13	13	Section 46.055 to read as follows:
14	14	Sec. 46.055. UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT
15	15	WEAPON. (a) In this section, "assault weapon" means:
16	16	(1) a semiautomatic centerfire rifle that has the
17	17	capacity to accept a detachable magazine and has:
18	18	(A) a pistol grip that protrudes conspicuously
19	19	beneath the action of the firearm;
20	20	(B) a folding or telescoping stock;
21	21	(C) a thumbhole stock;
22	22	(D) a second handgrip or a protruding grip that
23	23	can be held by the non-trigger hand;
24	24	(E) a flash suppressor; or
25	25	(F) a grenade launcher or flare launcher;
26	26	(2) a semiautomatic centerfire rifle that has a fixed
27	27	magazine that holds more than 10 rounds of ammunition;
28	28	(3) a semiautomatic centerfire rifle that has an
29	29	overall length of less than 30 inches;
30	30	(4) a semiautomatic shotgun that has the capacity to
31	31	accept a detachable magazine;
32	32	(5) a semiautomatic shotgun that has a folding or
33	33	telescoping stock and has:
34	34	(A) a thumbhole stock; or
35	35	(B) a second handgrip or a protruding grip that
36	36	can be held by the non-trigger hand;
37	37	(6) a semiautomatic pistol that has the capacity to
38	38	accept a detachable magazine and has:
39	39	(A) a second handgrip or a protruding grip that
40	40	can be held by the non-trigger hand;
41	41	(B) an ammunition magazine that attaches to the
42	42	pistol outside of the pistol grip;
43	43	(C) a threaded barrel capable of accepting a
44	44	flash suppressor, forward handgrip, or silencer; or
45	45	(D) a shroud that is attached to or partially or
46	46	completely encircles the barrel and that permits the shooter to
47	47	hold the firearm with the non-trigger hand without being burned;
48	48	(7) a semiautomatic pistol that has a fixed magazine
49	49	that holds more than 10 rounds of ammunition;
50	50	(8) a revolving cylinder shotgun; or
51	51	(9) a conversion kit, part, or combination of parts
52	52	from which an assault weapon can be assembled or with which a
53	53	firearm may be converted into a weapon described by Subdivision
54	54	(1), (2), (3), (4), (5), (6), (7), or (8).
55	55	(b) A person who is younger than 21 years of age commits an
56	56	offense if the person knowingly:
57	57	(1) purchases an assault weapon; or
58	58	(2) possesses an assault weapon.
59	59	(c) An offense under this section is a Class A misdemeanor.
60	60	(d) It is a defense to prosecution under Subsection (b)(1)
61	61	that the actor purchased the assault weapon for the actual
62	62	discharge of official duties as:
63	63	(1) a peace officer; or
64	64	(2) a member of the armed forces or state military
65	65	forces as defined by Section 431.001, Government Code.
66	66	(e) It is a defense to prosecution under Subsection (b)(2)
67	67	that:
68	68	(1) the actor possessed the assault weapon in the
69	69	actual discharge of official duties, or directly en route to or from
70	70	the person's place of assignment, as:
71	71	(A) a peace officer; or
72	72	(B) a member of the armed forces or state
73	73	military forces as defined by Section 431.001, Government Code; or
74	74	(2) the actor lawfully possessed the assault weapon on
75	75	August 31, 2025.
76	76	SECTION 2. Section 46.06, Penal Code, is amended by
77	77	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
78	78	to read as follows:
79	79	(a) A person commits an offense if the person:
80	80	(1) sells, rents, leases, loans, or gives a handgun to
81	81	any person knowing that the person to whom the handgun is to be
82	82	delivered intends to use it unlawfully or in the commission of an
83	83	unlawful act;
84	84	(2) intentionally or knowingly sells, rents, leases,
85	85	or gives or offers to sell, rent, lease, or give:
86	86	(A) a [to any child younger than 18 years of age
87	87	any firearm,] club, [or] location-restricted knife, or firearm
88	88	other than an assault weapon to a person younger than 18 years of
89	89	age; or
90	90	(B) an assault weapon to a person younger than 21
91	91	years of age;
92	92	(3) intentionally, knowingly, or recklessly sells a
93	93	firearm or ammunition for a firearm to any person who is
94	94	intoxicated;
95	95	(4) knowingly sells a firearm or ammunition for a
96	96	firearm to any person who has been convicted of a felony before the
97	97	fifth anniversary of the later of the following dates:
98	98	(A) the person's release from confinement
99	99	following conviction of the felony; or
100	100	(B) the person's release from supervision under
101	101	community supervision, parole, or mandatory supervision following
102	102	conviction of the felony;
103	103	(5) sells, rents, leases, loans, or gives a handgun to
104	104	any person knowing that an active protective order is directed to
105	105	the person to whom the handgun is to be delivered;
106	106	(6) knowingly purchases, rents, leases, or receives as
107	107	a loan or gift from another a handgun while an active protective
108	108	order is directed to the actor; or
109	109	(7) while prohibited from possessing a firearm under
110	110	state or federal law, knowingly makes a material false statement on
111	111	a form that is:
112	112	(A) required by state or federal law for the
113	113	purchase, sale, or other transfer of a firearm; and
114	114	(B) submitted to a firearms dealer licensed under
115	115	18 U.S.C. Section 923.
116	116	(c) It is an affirmative defense to prosecution under
117	117	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
118	118	whose parent or the person having legal custody of the minor had
119	119	given written permission for the sale or, if the transfer was other
120	120	than a sale, the parent or person having legal custody had given
121	121	effective consent.
122	122	(c-1) It is a defense to prosecution under Subsection
123	123	(a)(2)(B) that the transfer was to a person who provided evidence to
124	124	the actor that the person is:
125	125	(1) a peace officer; or
126	126	(2) a member of the armed forces or state military
127	127	forces as defined by Section 431.001, Government Code.
128	128	(d) An offense under this section is a Class A misdemeanor,
129	129	except that:
130	130	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
131	131	a state jail felony if the weapon that is the subject of the offense
132	132	is a handgun; and
133	133	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
134	134	a state jail felony.
135	135	SECTION 3. Section 46.06(b), Penal Code, is amended by
136	136	adding Subdivision (3) to read as follows:
137	137	(3) "Assault weapon" has the meaning assigned by
138	138	Section 46.055.
139	139	SECTION 4. The change in law made by this Act applies only
140	140	to an offense committed on or after the effective date of this Act.
141	141	An offense committed before the effective date of this Act is
142	142	governed by the law in effect on the date the offense was committed,
143	143	and the former law is continued in effect for that purpose. For
144	144	purposes of this section, an offense was committed before the
145	145	effective date of this Act if any element of the offense occurred
146	146	before that date.
147	147	SECTION 5. This Act takes effect September 1, 2025.