Bill Text: TX HB882 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the unlawful transfer of a firearm; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-04-15 - Left pending in committee [HB882 Detail]

Download: Texas-2021-HB882-Introduced.html
  87R2381 AJZ-D
 
  By: Hinojosa H.B. No. 882
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the unlawful transfer of a firearm; 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; [or]
               (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 purchases, rents, leases, or receives as
  a loan or gift from another a firearm while the actor is a fugitive
  from justice for:
                     (A)  a Class B misdemeanor or any higher category
  of offense; or
                     (B)  an offense under the laws of another state,
  federal law, or the Uniform Code of Military Justice, containing
  elements that are the same as or similar to the elements of an
  offense described by Paragraph (A).
         SECTION 2.  Section 46.06(b), Penal Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Fugitive from justice" means a person who is
  currently the subject of an outstanding arrest warrant in any state
  or federal jurisdiction.
         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, 2021.
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