Bill Text: TX SB1348 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1348 Detail]
Download: Texas-2013-SB1348-Introduced.html
Bill Title: Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1348 Detail]
Download: Texas-2013-SB1348-Introduced.html
83R8926 MAW-D | ||
By: West | S.B. No. 1348 |
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relating to certain criminal offenses concerning the unlawful | ||
transfer or purchase of certain weapons. | ||
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 PURCHASE OF CERTAIN | ||
WEAPONS. | ||
SECTION 2. Section 46.06, Penal Code, is amended by | ||
amending Subsections (a), (c), and (d) and adding Subsections (a-1) | ||
and (e) to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) sells, rents, leases, loans, or gives a firearm | ||
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unlawfully or in the commission of an unlawful act; | ||
(2) purchases or offers to purchase a firearm with | ||
intent to deliver the firearm to a person knowing that the person to | ||
whom the firearm is to be delivered intends to use the firearm | ||
unlawfully or in the commission of an unlawful act; | ||
(3) knowingly makes a materially false or misleading | ||
statement in providing information to a person for purposes of | ||
complying with the national instant criminal background check | ||
system in the manner required by 18 U.S.C. Section 922; or | ||
(4) knowingly conducts, promotes, or facilitates an | ||
activity under Subdivision (1), (2), or (3). | ||
(a-1) A person commits an offense if the person: | ||
(1) [ |
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leases, or gives or offers to sell, rent, lease, or give to any | ||
child younger than 18 years any firearm, club, or illegal knife; | ||
(2) [ |
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sells a firearm or ammunition for a firearm to any person who is | ||
intoxicated; | ||
(3) [ |
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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; | ||
(4) [ |
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handgun to any person knowing that an active protective order is | ||
directed to the person to whom the handgun is to be delivered; or | ||
(5) [ |
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receives as a loan or gift from another a handgun while an active | ||
protective order is directed to the actor. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (a-1)(1) [ |
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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. | ||
(d) An offense under Subsection (a) is a felony of the third | ||
degree, except that the offense is punishable by a maximum term of | ||
imprisonment of 15 years if it is shown on the trial of the offense | ||
that the actor directed, managed, or supervised five or more | ||
individuals engaged in an activity described by Subsection (a)(1), | ||
(2), or (3). | ||
(e) An offense under Subsection (a-1) [ |
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Class A misdemeanor, except that an offense under Subsection | ||
(a-1)(1) [ |
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subject of the offense is a handgun. | ||
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, 2013. |