Bill Text: TX HB4372 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to the prosecution of the offense of unlawful transfer of certain weapons.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-04-01 - Referred to Homeland Security, Public Safety & Veterans' Affairs [HB4372 Detail]

Download: Texas-2025-HB4372-Introduced.html

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89R13188 AJZ-D
By: Meza H.B. No. 4372

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful transfer of
certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections
(c-1), (c-2), (c-3), and (c-4) to read as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a firearm
[handgun] to any person, knowing that the person to whom the firearm
[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:
(A) to a [any] child younger than 18 years of age
a [any firearm,] club, [or] location-restricted knife, or firearm
other than a firearm described by Paragraph (B); or
(B) to a person younger than 21 years of age a
firearm that is capable of accepting a detachable magazine and
that:
(i) uses centerfire ammunition; or
(ii) has a caliber greater than .22;
(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 firearm
[handgun] to any person, knowing that an active protective order is
directed to the person to whom the firearm [handgun] is to be
delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a firearm [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 firearms dealer licensed under
18 U.S.C. Section 923; or
(8) knowingly falsifies, alters, or misrepresents a
document described under Subsection (c-3), for the purpose of
obtaining or transferring a firearm.
(c) It is a [an affirmative] defense to prosecution under
Subsection (a)(2) that:
(1) the transfer was a rental for short-term use at a
sport shooting range, as defined by Section 250.001, Local
Government Code, and the transfer was made solely for the purpose of
training, competing, or target shooting at the range to:
(A) a person who was 18 years of age or older at
the time of the transfer; or
(B) a minor whose parent or the person having
legal custody of the minor had given written permission for the
rental;
(2) the transfer was a gift to a minor whose [sale or,
if the transfer was other than a sale, the] parent or the person
having legal custody of the minor had given effective consent and
the actor accepted no compensation or payment for the transfer; or
(3) the transfer was a temporary loan for:
(A) use in the presence of the actor;
(B) use on property owned or leased by the actor;
(C) use on the premises of a sport shooting
range, as defined by Section 250.001, Local Government Code, and
solely for the purpose of training, competing, or target shooting
at the range;
(D) the purpose of lawful hunting or sporting or
for lawful recreational activity; or
(E) use at a lawful competition involving the use
of a firearm.
(c-1) It is a defense to prosecution under Subsection
(a)(2)(B) that the actor was the parent, grandparent, or
great-grandparent of the recipient and that:
(1) the recipient was 18 years of age or older at the
time of the transfer;
(2) the actor acquired the firearm before the
recipient's 18th birthday; and
(3) the actor accepted no compensation or payment for
the transfer.
(c-2) It is a defense to prosecution under Subsection
(a)(2)(B) that the actor transferred the firearm to a person who was
18 years of age or older at the time of the transfer and who:
(1) successfully completed a hunter education course
described by Section 62.014, Parks and Wildlife Code, when the
person was 16 years of age or older;
(2) is a member or veteran of the United States armed
forces, including a member or veteran of the reserves or national
guard; or
(3) is a peace officer.
(c-3) For purposes of establishing a defense to prosecution
under Subsection (c-2), a person may present any of the following
documents, including an original or photocopy:
(1) a certificate of completion issued under Section
62.014(c), Parks and Wildlife Code, that includes the date of
issuance and the person's birthdate and legal name;
(2) a United States military identification card that
includes the person's photograph and legal name and was not expired
on the date of the firearm transfer;
(3) a United States Department of Defense Form DD-214,
or other military record showing a release or discharge from active
duty, that includes the person's birthdate and legal name,
regardless of whether the person's social security number is
obscured on the document; or
(4) a peace officer identification card, as described
by Subchapter H, Chapter 614, Government Code, that displays the
photograph and legal name of the person and a brief description of
the person, including the recipient's height, weight, and eye
color.
(c-4) It is an exception to the application of Subsection
(a)(2)(B) that the transfer of the firearm was necessary for the
actual discharge of the recipient's official duties as:
(1) a member of the United States armed forces;
(2) a member of the Texas military forces, as defined
by Section 437.001, Government Code;
(3) a peace officer; or
(4) a public security officer, reserve law enforcement
officer, school marshal, or county jailer, as those terms are
defined by Section 1701.001, Occupations Code.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
a state jail felony if the weapon that is the subject of the offense
is a handgun; and
(2) an offense under Subsection (a)(2)(B), (7), or (8)
[(a)(7)] is a state jail felony.
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, 2025.