Relating to a handgun safety course required for the transfer of a handgun.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04817I.htm
| 88R14963 JSC-D | ||
| By: Rosenthal | H.B. No. 4817 | |
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| relating to a handgun safety course required for the transfer of a | ||
| handgun. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter H-1 to read as follows: | ||
| SUBCHAPTER H-1. HANDGUN SAFETY | ||
| Sec. 411.221. DEFINITIONS. In this subchapter: | ||
| (1) "Handgun" has the meaning assigned by Section | ||
| 46.01, Penal Code. | ||
| (2) "Qualified handgun instructor" has the meaning | ||
| assigned by Section 411.171. | ||
| Sec. 411.222. HANDGUN SAFETY COURSE. (a) The director by | ||
| rule shall establish minimum standards for a handgun safety course | ||
| that a person may complete to receive a certificate of completion | ||
| from the department under this section. The course must be | ||
| administered by a qualified handgun instructor. | ||
| (b) The department shall issue a certificate of completion | ||
| to a person who completes the handgun safety course under | ||
| Subsection (a). | ||
| (c) A person is responsible for paying to the course | ||
| provider the costs of a handgun safety course under this section. | ||
| SECTION 2. 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; | ||
| (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; [ |
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| (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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| (8) sells, rents, leases, loans, or gives a handgun to | ||
| any person without first verifying that the person possesses a | ||
| certificate of completion issued by the Department of Public Safety | ||
| under Section 411.222, Government Code. | ||
| SECTION 3. The public safety director of the Department of | ||
| Public Safety shall adopt the rules necessary to implement Section | ||
| 411.222, Government Code, as added by this Act, not later than | ||
| December 1, 2023. | ||
| SECTION 4. Section 46.06(a), Penal Code, as amended by this | ||
| Act, applies only to an offense committed on or after January 1, | ||
| 2024. An offense committed before January 1, 2024, 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 January 1, 2024, if | ||
| any element of the offense occurred before that date. | ||
| SECTION 5. 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 6. This Act takes effect September 1, 2023. | ||
