Bill Text: TX HB1388 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to prohibiting the transfer of an assault weapon to certain recipients; creating a criminal offense; increasing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Community Safety, Select [HB1388 Detail]

Download: Texas-2023-HB1388-Introduced.html

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88R1107 TSS-D
By: Thierry H.B. No. 1388

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the transfer of an assault weapon to
certain recipients; creating a criminal offense; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended to read as
follows:
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (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:
(A) a [to any child younger than 18 years of age
any firearm,] club, [or] location-restricted knife, or firearm
other than an assault weapon to a child younger than 18 years of
age; or
(B) an assault weapon to a person younger than 21
years of age;
(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; or
(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 licensed firearms dealer, as
defined by 18 U.S.C. Section 923.
(b) In this section:
(1) "Intoxicated" means substantial impairment of
mental or physical capacity resulting from introduction of any
substance into the body.
(2) "Active protective order" means a protective order
issued under Title 4, Family Code, that is in effect. The term does
not include a temporary protective order issued before the court
holds a hearing on the matter.
(3) "Assault weapon" means:
(A) a semiautomatic centerfire rifle that has the
capacity to accept a detachable magazine and has:
(i) a pistol grip that protrudes
conspicuously beneath the action of the firearm;
(ii) a folding or telescoping stock;
(iii) a thumbhole stock;
(iv) a second handgrip or a protruding grip
that can be held by the non-trigger hand;
(v) a flash suppressor; or
(vi) a grenade launcher or flare launcher;
(B) a semiautomatic centerfire rifle that has a
fixed magazine that holds more than 10 rounds of ammunition;
(C) a semiautomatic centerfire rifle that has an
overall length of less than 30 inches;
(D) a semiautomatic shotgun that has the capacity
to accept a detachable magazine;
(E) a semiautomatic shotgun that has a folding or
telescoping stock and has:
(i) a thumbhole stock; or
(ii) a second handgrip or a protruding grip
that can be held by the non-trigger hand;
(F) a semiautomatic pistol that has the capacity
to accept a detachable magazine and has:
(i) a second handgrip or a protruding grip
that can be held by the non-trigger hand;
(ii) an ammunition magazine that attaches
to the pistol outside of the pistol grip;
(iii) a threaded barrel capable of
accepting a flash suppressor, forward handgrip, or silencer; or
(iv) a shroud that is attached to or
partially or completely encircles the barrel and that permits the
shooter to hold the firearm with the non-trigger hand without being
burned;
(G) a semiautomatic pistol that has a fixed
magazine that holds more than 10 rounds of ammunition;
(H) a revolving cylinder shotgun; or
(I) a conversion kit, part, or combination of
parts from which an assault weapon can be assembled or with which a
firearm may be converted into a weapon described by Paragraph (A),
(B), (C), (D), (E), (F), (G), or (H).
(c) It is an affirmative defense to prosecution under
Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
whose parent or the person having legal custody of the minor had
given written permission for the sale or, if the transfer was other
than a sale, the parent or person having legal custody had given
effective consent.
(c-1) It is an exception to the application of Subsection
(a)(2)(B) that the transfer of the assault weapon is necessary for
the actual discharge of the recipient's official duties as a member
of the armed forces or state military forces, as defined by Section
437.001, Government Code.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (a)(2)(A) [(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)(2)(B) or (a)(7) is
a state jail felony.
SECTION 2. 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 3. This Act takes effect September 1, 2023.