| 1 | 1 | | 89R5837 JSC-D |
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| 2 | 2 | | By: West S.B. No. 808 |
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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 criminal offense of the |
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| 10 | 10 | | possession, manufacture, transport, repair, or sale of a machine |
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| 11 | 11 | | gun or a machine gun conversion device. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 46.01, Penal Code, is amended by |
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| 14 | 14 | | amending Subdivision (9) and adding Subdivision (21) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (9) "Machine gun" means any firearm that is capable of |
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| 17 | 17 | | shooting more than one shot [two shots] automatically, without |
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| 18 | 18 | | manual reloading, by a single function of the trigger. |
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| 19 | 19 | | (21) "Machine gun conversion device" means any part or |
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| 20 | 20 | | combination of parts intended to make a firearm capable of shooting |
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| 21 | 21 | | more than one shot automatically, without manual reloading, by a |
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| 22 | 22 | | single function of the trigger. |
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| 23 | 23 | | SECTION 2. Section 46.05, Penal Code, is amended by |
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| 24 | 24 | | amending Subsection (a) and adding Subsection (h) to read as |
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| 25 | 25 | | follows: |
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| 26 | 26 | | (a) A person commits an offense if the person intentionally |
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| 27 | 27 | | or knowingly possesses, manufactures, transports, repairs, or |
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| 28 | 28 | | sells: |
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| 29 | 29 | | (1) any of the following items, unless the item is |
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| 30 | 30 | | registered in the National Firearms Registration and Transfer |
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| 31 | 31 | | Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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| 32 | 32 | | Explosives or otherwise not subject to that registration |
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| 33 | 33 | | requirement or unless the item is classified as a curio or relic by |
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| 34 | 34 | | the United States Department of Justice: |
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| 35 | 35 | | (A) an explosive weapon; |
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| 36 | 36 | | (B) a machine gun; or |
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| 37 | 37 | | (C) a short-barrel firearm; |
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| 38 | 38 | | (2) armor-piercing ammunition; |
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| 39 | 39 | | (3) a chemical dispensing device; |
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| 40 | 40 | | (4) a zip gun; |
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| 41 | 41 | | (5) a tire deflation device; [or] |
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| 42 | 42 | | (6) an improvised explosive device; or |
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| 43 | 43 | | (7) a machine gun conversion device. |
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| 44 | 44 | | (h) It is an affirmative defense to prosecution under this |
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| 45 | 45 | | section for the possession of a machine gun conversion device that |
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| 46 | 46 | | the item is: |
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| 47 | 47 | | (1) registered in the National Firearms Registration |
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| 48 | 48 | | and Transfer Record maintained by the Bureau of Alcohol, Tobacco, |
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| 49 | 49 | | Firearms and Explosives or otherwise not subject to that |
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| 50 | 50 | | registration requirement; or |
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| 51 | 51 | | (2) classified as a curio or relic by the United States |
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| 52 | 52 | | Department of Justice. |
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| 53 | 53 | | SECTION 3. The change in law made by this Act applies only |
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| 54 | 54 | | to an offense committed on or after the effective date of this Act. |
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| 55 | 55 | | An offense committed before the effective date of this Act is |
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| 56 | 56 | | governed by the law in effect on the date the offense was committed, |
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| 57 | 57 | | and the former law is continued in effect for that purpose. For |
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| 58 | 58 | | purposes of this section, an offense was committed before the |
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| 59 | 59 | | effective date of this Act if any element of the offense occurred |
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| 60 | 60 | | before that date. |
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| 61 | 61 | | SECTION 4. This Act takes effect September 1, 2025. |
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