Bill Text: TX SB6 | 2023 | 88th Legislature 1st Special Session | Introduced
Bill Title: Relating to prohibiting the transfer of certain semiautomatic rifles to certain recipients; creating a criminal offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-30 - Filed [SB6 Detail]
Download: Texas-2023-SB6-Introduced.html
| By: Gutierrez | S.B. No. 6 | |
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| relating to prohibiting the transfer of certain semiautomatic | ||
| rifles to certain recipients; creating a criminal offense; | ||
| increasing a criminal penalty. | ||
| 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 Subsection (c-1) | ||
| 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: | ||
| (A) to a [ |
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| a [ |
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| other than a semiautomatic rifle described by Paragraph (B); or | ||
| (B) to a person younger than 21 years of age a | ||
| semiautomatic rifle that is capable of accepting a detachable | ||
| magazine and that 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 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 [ |
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| licensed under[ |
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| (c) It is an affirmative defense to prosecution under | ||
| Subsection (a)(2)(A) [ |
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| whose parent or the person having legal custody of the minor had | ||
| given written permission for the sale or, if the transfer was other | ||
| than a sale, the parent or person having legal custody had given | ||
| effective consent. | ||
| (c-1) It is an exception to the application of Subsection | ||
| (a)(2)(B) that: | ||
| (1) the semiautomatic rifle is transferred to a | ||
| recipient who: | ||
| (A) is a peace officer; or | ||
| (B) is currently serving in or has been honorably | ||
| discharged from the United States armed forces; or | ||
| (2) the transfer of the semiautomatic rifle is a | ||
| temporary loan to a person who is to carry or use the semiautomatic | ||
| rifle only: | ||
| (A) while in the presence of the transferor; | ||
| (B) while on property owned or leased by the | ||
| transferor; | ||
| (C) on the premises of a sport shooting range, as | ||
| defined by Section 250.001, Local Government Code, and solely for | ||
| the purpose of shooting targets at the range; or | ||
| (D) at a lawful competition involving the use of | ||
| a firearm. | ||
| (d) An offense under this section is a Class A misdemeanor, | ||
| except that: | ||
| (1) an offense under Subsection (a)(2)(A) [ |
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| 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) or (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. To the extent of any conflict, this Act prevails | ||
| over another Act of the 88th Legislature, Regular Session, 2023, | ||
| relating to nonsubstantive additions to and corrections in enacted | ||
| codes. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
