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.

Bill Text

  89R5837 JSC-D
 
  By: West S.B. No. 808
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [two shots] automatically, without
  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; [or]
               (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.

Copyright © 2025 Carry Texas. All Rights Reserved.

Main Menu