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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful carrying, acquisition, purchase, and |
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transfer of certain weapons; creating a criminal offense; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02(a-4), Penal Code, is amended to |
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read as follows: |
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(a-4) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a location-restricted knife; |
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(2) is younger than 21 [18] years of age at the time of |
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the offense; and |
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(3) is not: |
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(A) on the person's own premises or premises |
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under the person's control; |
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(B) inside of or directly en route to a motor |
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vehicle or watercraft that is owned by the person or under the |
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person's control; or |
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(C) under the direct supervision of a parent or |
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legal guardian of the person. |
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SECTION 2. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL POSSESSION OR ACQUISITION OF ASSAULT |
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WEAPON. (a) In this section, "assault weapon" means: |
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(1) a semiautomatic centerfire rifle that has the |
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capacity to accept a detachable magazine and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor; or |
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(F) a grenade launcher or flare launcher; |
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(2) a semiautomatic centerfire rifle that has a fixed |
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magazine that holds more than 10 rounds of ammunition; |
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(3) a semiautomatic centerfire rifle that has an |
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overall length of less than 30 inches; |
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(4) a semiautomatic shotgun that has the capacity to |
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accept a detachable magazine; |
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(5) a semiautomatic shotgun that has a folding or |
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telescoping stock and has: |
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(A) a thumbhole stock; or |
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(B) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(6) a semiautomatic pistol that has the capacity to |
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accept a detachable magazine and has: |
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(A) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(B) an ammunition magazine that attaches to the |
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pistol outside of the pistol grip; |
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(C) a threaded barrel capable of accepting a |
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flash suppressor, forward handgrip, or silencer; or |
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(D) a shroud that is attached to or partially or |
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completely encircles the barrel and that permits the shooter to |
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hold the firearm with the non-trigger hand without being burned; |
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(7) a semiautomatic pistol that has a fixed magazine |
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that holds more than 10 rounds of ammunition; |
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(8) a revolving cylinder shotgun; or |
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(9) a conversion kit, part, or combination of parts |
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from which an assault weapon can be assembled or with which a |
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firearm may be converted into a weapon described by Subdivision |
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(1), (2), (3), (4), (5), (6), (7), or (8). |
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(b) A person who is younger than 21 years of age commits an |
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offense if the person knowingly: |
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(1) possesses an assault weapon; or |
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(2) purchases or otherwise acquires an assault weapon. |
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(c) It is an exception to the application of this section |
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that the assault weapon is necessary for the actual discharge of the |
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person's official duties as: |
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(1) a member of the armed forces or state military |
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forces, as defined by Section 437.001, Government Code; or |
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(2) a law enforcement officer. |
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(d) It is a defense to prosecution under Subsection (b)(1) |
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that the actor lawfully possessed the assault weapon on August 31, |
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2023. |
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(e) An offense under this section is a felony of the third |
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degree. |
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SECTION 3. Section 46.06, Penal Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any person |
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[child] younger than 21 [18] years of age any firearm, club, or |
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location-restricted knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; or |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a [licensed] firearms dealer |
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licensed under[, as defined by] 18 U.S.C. Section 923. |
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(c-1) It is an exception to the application of Subsection |
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(a)(2) that the weapon is necessary for the actual discharge of the |
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recipient's official duties as: |
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(1) a member of the armed forces or state military |
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forces, as defined by Section 437.001, Government Code; or |
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(2) a law enforcement officer. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) an offense under Subsection (a)(2) is a state jail |
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felony if the weapon that is the subject of the offense is a |
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handgun; [and] |
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(2) an offense under Subsection (a)(2) is a felony of |
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the third degree if the weapon that is the subject of the offense is |
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an assault weapon; and |
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(3) an offense under Subsection (a)(7) is a state jail |
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felony. |
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SECTION 4. Section 46.06(b), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Assault weapon" has the meaning assigned by |
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Section 46.055. |
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SECTION 5. Section 46.06(c), Penal Code, is repealed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2023. |