Relating to the unlawful acquisition of certain weapons; creating a criminal offense.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02454S.htm
By: Guillen (Senate Sponsor - Huffman) | H.B. No. 2454 | |
(In the Senate - Received from the House April 24, 2023; | ||
April 24, 2023, read first time and referred to Committee on State | ||
Affairs; May 3, 2023, rereferred to Committee on Criminal Justice; | ||
May 12, 2023, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; May 12, 2023, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2454 | By: Huffman |
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
WhitmireX | ||
FloresX | ||
BettencourtX | ||
HinojosaX | ||
HuffmanX | ||
KingX | ||
MilesX | ||
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relating to the unlawful acquisition of certain weapons; creating a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 46.06, Penal Code, is | ||
amended to read as follows: | ||
Sec. 46.06. UNLAWFUL TRANSFER OR ACQUISITION OF CERTAIN | ||
WEAPONS. | ||
SECTION 2. Sections 46.06(a) and (d), Penal Code, are | ||
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) acquires a firearm with intent to deliver the | ||
firearm to a person knowing that the person to whom the firearm is | ||
to be delivered is prohibited from possessing the firearm by state | ||
or federal law. | ||
(d) An offense under this section is a Class A misdemeanor, | ||
except that: | ||
(1) an offense under Subsection (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)(7) or (8) is a | ||
state jail felony. | ||
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. 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 5. This Act takes effect September 1, 2023. | ||
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