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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