Bill Text: TX HB298 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to a required waiting period for firearm sales; creating a criminal offense.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB298 Detail]

Download: Texas-2023-HB298-Introduced.html

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88R2227 MEW-D
By: Goodwin H.B. No. 298

A BILL TO BE ENTITLED
AN ACT
relating to a required waiting period for firearm sales; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; [or]
(7) while prohibited from possessing a firearm under
state or federal law, knowingly makes a material false statement on
a form that is:
(A) required by state or federal law for the
purchase, sale, or other transfer of a firearm; and
(B) submitted to a licensed firearms dealer, as
defined by 18 U.S.C. Section 923; or
(8) sells a firearm to any person and delivers the
firearm to the person to whom the firearm is being sold before the
third business day after the date on which the firearm was sold to
the person.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.