Bill Text: TX HB178 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to creating a criminal offense for the unlawful possession or transfer of a large-capacity magazine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [HB178 Detail]

Download: Texas-2021-HB178-Introduced.html
  87R1391 TSS-D
 
  By: Meza H.B. No. 178
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a criminal offense for the unlawful possession
  or transfer of a large-capacity magazine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Penal Code, is amended by adding
  Section 46.056 to read as follows:
         Sec. 46.056.  UNLAWFUL POSSESSION OR TRANSFER OF
  LARGE-CAPACITY MAGAZINE.  (a)  In this section, "large-capacity
  magazine" means a detachable ammunition feeding device that has the
  capacity to accept, or can be readily converted to accept, more than
  10 rounds.  The term does not include:
               (1)  a .22 caliber tube ammunition feeding device;
               (2)  a tubular magazine that is contained in a
  lever-action firearm;
               (3)  an ammunition feeding device that has been
  permanently disabled from accepting more than 10 rounds; or
               (4)  a magazine that has been rendered permanently
  inoperable.
         (b)  A person commits an offense if the person knowingly:
               (1)  possesses a large-capacity magazine; or
               (2)  sells, rents, leases, loans, gives, or otherwise
  transfers a large-capacity magazine to another person.
         (c)  An offense under this section is a Class A misdemeanor.
         (d)  It is a defense to prosecution under this section that
  the actor engaged in the conduct while engaged in the actual
  discharge of official duties, or directly en route to or from the
  person's place of assignment, as:
               (1)  a peace officer; or
               (2)  a member of the armed forces or state military
  forces as defined by Section 431.001, Government Code.
         (e)  It is a defense to prosecution under Subsection (b)(1)
  that the actor lawfully possessed the large-capacity magazine on
  August 31, 2021.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  This Act takes effect September 1, 2021.
feedback