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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to defenses and exceptions to the prosecution of the  | 
      
      
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        criminal offense of the possession, manufacture, transport,  | 
      
      
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        repair, or sale of certain prohibited explosive weapons, firearms,  | 
      
      
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        and related items. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Sections 46.05(a) and (e), Penal Code, are  | 
      
      
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        amended to read as follows: | 
      
      
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               (a)  A person commits an offense if the person intentionally  | 
      
      
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        or knowingly possesses, manufactures, transports, repairs, or  | 
      
      
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        sells: | 
      
      
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                     (1)  any of the following items, unless the item is  | 
      
      
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        registered in the National Firearms Registration and Transfer  | 
      
      
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        Record maintained by the Bureau of Alcohol, Tobacco, Firearms and  | 
      
      
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        Explosives or classified as a curio or relic by the United States  | 
      
      
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        Department of Justice: | 
      
      
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                           (A)  an explosive weapon; | 
      
      
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                           (B) [(2)]  a machine gun; | 
      
      
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                           (C) [(3)]  a short-barrel firearm; or | 
      
      
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                           (D) [(4)]  a firearm silencer; | 
      
      
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                     (2) [(5)]  knuckles; | 
      
      
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                     (3) [(6)]  armor-piercing ammunition; | 
      
      
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                     (4) [(7)]  a chemical dispensing device; | 
      
      
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                     (5) [(8)]  a zip gun; or | 
      
      
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                     (6) [(9)]  a tire deflation device. | 
      
      
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               (e)  An offense under Subsection (a)(1), [(2),] (3), (4),  | 
      
      
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        [(6), (7),] or (5) [(8)] is a felony of the third degree.  An offense  | 
      
      
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        under Subsection (a)(6) [(a)(9)] is a state jail felony.  An offense  | 
      
      
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        under Subsection (a)(2) [(a)(5)] is a Class A misdemeanor. | 
      
      
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               SECTION 2.  Section 46.05(c), Penal Code, is repealed. | 
      
      
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               SECTION 3.  The change in law made by this Act applies only  | 
      
      
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        to an offense committed on or after the effective date of this Act.   | 
      
      
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        An offense committed before the effective date of this Act is  | 
      
      
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        governed by the law in effect on the date the offense was committed,  | 
      
      
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        and the former law is continued in effect for that purpose.  For  | 
      
      
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        purposes of this section, an offense was committed before the  | 
      
      
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        effective date of this Act if any element of the offense occurred  | 
      
      
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        before that date. | 
      
      
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               SECTION 4.  This Act takes effect September 1, 2015. |