Bill Text: TX SB256 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to creating an offense for the unlawful possession or transfer of a large-capacity magazine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to State Affairs [SB256 Detail]
Download: Texas-2015-SB256-Introduced.html
| 84R655 PEP-D | ||
| By: Ellis | S.B. No. 256 | |
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| relating to creating an offense for the unlawful possession or | ||
| transfer of a large-capacity magazine. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 46, Penal Code, is amended by adding | ||
| Section 46.056 to read as follows: | ||
| Sec. 46.056. UNLAWFUL POSSESSION OR TRANSFER OF | ||
| LARGE-CAPACITY MAGAZINE. (a) In this section, "large-capacity | ||
| magazine" means a detachable ammunition feeding device with the | ||
| capacity to accept more than 20 rounds. The term does not include: | ||
| (1) a .22 caliber tube ammunition feeding device; | ||
| (2) a tubular magazine that is contained in a | ||
| lever-action firearm; or | ||
| (3) an ammunition feeding device that has been | ||
| permanently disabled from accepting more than 20 rounds. | ||
| (b) A person commits an offense if the person: | ||
| (1) possesses a large-capacity magazine; or | ||
| (2) sells, rents, leases, loans, or gives a | ||
| large-capacity magazine to another. | ||
| (c) An offense under this section is a Class A misdemeanor. | ||
| (d) It is a defense to prosecution under this section that | ||
| the actor engaged in the conduct: | ||
| (1) while engaged in the actual discharge of official | ||
| duties, or directly en route to or from the person's place of | ||
| assignment, as: | ||
| (A) a peace officer; | ||
| (B) a member of the armed forces or state | ||
| military forces as defined by Section 431.001, Government Code; or | ||
| (C) a government officer or employee authorized | ||
| to possess a large-capacity magazine for public safety purposes; | ||
| (2) for the sole purpose of making the magazine | ||
| available to a person described by Subdivision (1); | ||
| (3) to conduct a forensic analysis or for another | ||
| legitimate law enforcement purpose; | ||
| (4) for the sole purpose of permanently disabling the | ||
| magazine from accepting more than 20 rounds; | ||
| (5) for the sole purpose of maintaining the magazine | ||
| as a museum piece or as a decorative prop for use in a motion | ||
| picture, television, or video production or other entertainment | ||
| event; | ||
| (6) while engaged in the interstate transportation of | ||
| firearms in accordance with federal law; or | ||
| (7) for the sole purpose of surrendering the magazine | ||
| to a state or federal law enforcement agency. | ||
| (e) If conduct that constitutes an offense under this | ||
| section also constitutes an offense under any other law, the actor | ||
| may be prosecuted under this section, the other law, or both. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
