Bill Text
89R5837 JSC-D | ||
By: West | S.B. No. 808 |
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relating to the prosecution of the criminal offense of the | ||
possession, manufacture, transport, repair, or sale of a machine | ||
gun or a machine gun conversion device. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.01, Penal Code, is amended by | ||
amending Subdivision (9) and adding Subdivision (21) to read as | ||
follows: | ||
(9) "Machine gun" means any firearm that is capable of | ||
shooting more than one shot [ |
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manual reloading, by a single function of the trigger. | ||
(21) "Machine gun conversion device" means any part or | ||
combination of parts intended to make a firearm capable of shooting | ||
more than one shot automatically, without manual reloading, by a | ||
single function of the trigger. | ||
SECTION 2. Section 46.05, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsection (h) to read as | ||
follows: | ||
(a) A person commits an offense if the person intentionally | ||
or knowingly possesses, manufactures, transports, repairs, or | ||
sells: | ||
(1) any of the following items, unless the item is | ||
registered in the National Firearms Registration and Transfer | ||
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and | ||
Explosives or otherwise not subject to that registration | ||
requirement or unless the item is classified as a curio or relic by | ||
the United States Department of Justice: | ||
(A) an explosive weapon; | ||
(B) a machine gun; or | ||
(C) a short-barrel firearm; | ||
(2) armor-piercing ammunition; | ||
(3) a chemical dispensing device; | ||
(4) a zip gun; | ||
(5) a tire deflation device; [ |
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(6) an improvised explosive device; or | ||
(7) a machine gun conversion device. | ||
(h) It is an affirmative defense to prosecution under this | ||
section for the possession of a machine gun conversion device that | ||
the item is: | ||
(1) registered in the National Firearms Registration | ||
and Transfer Record maintained by the Bureau of Alcohol, Tobacco, | ||
Firearms and Explosives or otherwise not subject to that | ||
registration requirement; or | ||
(2) classified as a curio or relic by the United States | ||
Department of Justice. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2025. |
Instructor Analysis
Overview of Key Points
- Definition Clarifications: Ensure clear definitions of "machine gun" and "machine gun conversion device."
- Due Process Protections: Include robust due process protections to prevent unjust prosecution.
- Training and Licensing: Consider enhanced training programs or stricter licensing requirements for responsible firearm ownership.
- Enforcement Focus: Target illegal activities specifically and avoid penalizing law-abiding citizens.
Practical Implications
Respecting Individual Rights
Prioritize due process and individual rights under the Constitution.
Legal Training and Possession
Ensure that any new legislation does not unduly restrict access to legal firearms training or possession for law-abiding citizens.
Constitutional Analysis
Overview of Key Points
- Second Amendment Protection: The bill appears constitutional as it regulates machine guns and conversion devices, which can be considered under the category of "arms" subject to regulation.
- Texas Constitution: Texas' Bill of Rights supports the right to bear arms with certain regulatory provisions.
Detailed Interpretation
Regulation vs. Infringement
Balance the right to bear arms with the need for public safety regulations.
Legal Framework
Ensure the bill aligns with federal and state constitutional protections.
Texan Analysis
Overview of Key Points
- Self-Reliance and Individual Rights: Emphasize respect for individual liberties in Texas.
- Public Safety and Law Enforcement: Ensure clear and enforceable laws to deter criminal activity.
- Balancing Regulations: Strike a balance between protecting public safety and respecting constitutional rights.
Detailed Insights
Clear Definitions
Importance of precise language to avoid unintended consequences.
Due Process Protections
Safeguard the rights of individuals accused under this law.
Promoting Responsible Ownership
Encourage education and training programs for responsible gun ownership.
Balancing Act
Ensure the bill does not unjustly penalize law-abiding citizens while effectively preventing criminal activities.