Bill Text: TX HB877 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibiting the transfer of certain firearm magazines to certain recipients; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB877 Detail]
Download: Texas-2025-HB877-Introduced.html
89R4476 AJZ-D | ||
By: Moody | H.B. No. 877 |
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relating to prohibiting the transfer of certain firearm magazines | ||
to certain recipients; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.06, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) 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 firearms dealer licensed under | ||
18 U.S.C. Section 923; or | ||
(8) knowingly purchases a magazine or knowingly | ||
receives a magazine as a loan or gift from another while the actor | ||
is prohibited from possessing under state or federal law the type of | ||
firearm for which the magazine is designed or made. | ||
(e) Any information collected by a seller incidental to a | ||
sale described by Subsection (a)(8) may not be transmitted, used, | ||
or preserved for the purpose of a registry or other database of | ||
information relating to firearm owners, firearms, or magazines. | ||
This subsection does not apply to the transmission, use, or | ||
preservation of report information for inclusion in the following | ||
databases: | ||
(1) the National Instant Criminal Background Check | ||
System; and | ||
(2) a database maintained by the Texas Crime | ||
Information Center or the National Crime Information Center. | ||
SECTION 2. Section 46.06(b), Penal Code, is amended by | ||
adding Subdivision (3) to read as follows: | ||
(3) "Magazine" means a detachable ammunition feeding | ||
device. | ||
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. |