Bill Text: TX SB698 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the prosecution of the offense of unlawful transfer of a firearm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-17 - Referred to State Affairs [SB698 Detail]

Download: Texas-2023-SB698-Introduced.html
  88R2908 SHH-D
 
  By: Eckhardt S.B. No. 698
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of unlawful transfer of a
  firearm.
         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 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 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 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 [licensed] firearms dealer
  licensed under[, as defined by] 18 U.S.C. Section 923.
         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.
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