Bill Text: TX HB4200 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the acquisition or attempted acquisition of a firearm by a person prohibited from possessing a firearm.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB4200 Detail]
Download: Texas-2017-HB4200-Introduced.html
85R13338 JSC-F | ||
By: Hinojosa | H.B. No. 4200 |
|
||
|
||
relating to the acquisition or attempted acquisition of a firearm | ||
by a person prohibited from possessing a firearm. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.06, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) 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 any firearm, club, or illegal 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) knowingly acquires or attempts to acquire a | ||
firearm, while the actor is prohibited from possessing a firearm by | ||
state or federal law. | ||
(e) A licensed firearms dealer under the Brady Handgun | ||
Violence Prevention Act, 18 U.S.C. Section 922, who declines to | ||
transfer a firearm to a prospective transferee because the National | ||
Instant Criminal Background Check System indicates that the | ||
prospective transferee is prohibited from possessing a firearm | ||
shall notify the Department of Public Safety. | ||
SECTION 2. Subchapter D, Chapter 411, Government Code, is | ||
amended by adding Section 411.0525 to read as follows: | ||
Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER | ||
REPORT. (a) If the department receives a report under Section | ||
46.06(e), Penal Code, from a licensed firearms dealer under the | ||
Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, that | ||
a person prohibited from possessing a firearm has attempted to | ||
acquire a firearm, the department shall initiate an investigation. | ||
(b) If the department's investigation under this section | ||
produces evidence that a person may have violated Section 46.06, | ||
Penal Code, the department shall refer the case to the appropriate | ||
local authorities for further investigation and possible | ||
prosecution. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2017. |