83R8926 MAW-D
	By: West	S.B. No. 1348

	A BILL TO BE ENTITLED
	AN ACT
	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
	[handgun] to any person knowing that the person to whom the firearm
	[handgun] is to be delivered intends to use the firearm [it]
	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) [(2)]  intentionally or knowingly sells, rents,
	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) [(3)]  intentionally, knowingly, or recklessly
	sells a firearm or ammunition for a firearm to any person who is
	intoxicated;
	(3) [(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;
	(4) [(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; or
	(5) [(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.
	(c)  It is an affirmative defense to prosecution under
	Subsection (a-1)(1) [(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.
	(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) [this section] is a
	Class A misdemeanor, except that an offense under Subsection
	(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
	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.