Bill Text: TX HB197 | 2023-2024 | 88th 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 - Dead) 2023-02-23 - Referred to Community Safety, Select [HB197 Detail]
Download: Texas-2023-HB197-Introduced.html
| 88R1486 TSS-D | ||
| By: Ortega | H.B. No. 197 | |
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| 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. | ||
| (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) 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, 2023. | ||
