By: Menéndez, Gutierrez	S.B. No. 910

	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a thirty day waiting period before a person
	less than 21 years of age may purchase a firearm; creating a
	criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.06, Penal Code, is amended by amending
	Subsections (a), (c), and (d) and adding Subsection (c-1) to read as
	follow:
	(a)A person commits an offense if the person:
	(1) sells, rents, leases, loans, or gives a handgun to
	any person knowing that the person to whom the handgun is to be
	delivered intends to use it unlawfully or in the commission of an
	unlawful act;
	(2) intentionally or knowingly sells, rents, leases, or
	gives or offers to sell, rent, lease, or give:
	(A) a to any child younger than 18 years of age any
	[firearm,] club, or location-restricted knife; or
	(B) a firearm to any person younger than 21 years
	of age before a 30-day waiting period has elapsed from the date of
	transfer.
	(3) intentionally, knowingly, or recklessly sells a
	firearm or ammunition for a firearm to any person who is
	intoxicated;
	(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;
	(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;
	(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; or
	(7) while prohibited from possessing a firearm under
	state or federal law, knowingly makes a material false statement on
	a form that is:
	(A) required by state or federal law for the
	purchase, sale, or other transfer of a firearm; and
	(B) submitted to a [licensed] firearms dealer
	licensed under [, as defined by] 18 U.S.C. Section 923.
	(c) It is an affirmative defense to prosecution under
	Subsection (a)(2)(A) [(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.
	(c-1) It is a defense to prosecution under Subsection
	(a)(2)(B) that the transfer was to a person who provided evidence to
	the actor that the person is:
	(1) a peace officer; or
	(2) a member of the armed forces or state military
	forces as defined by Section 431.001, Government Code.
	(d) An offense under this section is a Class A misdemeanor,
	except that:
	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is a state
	jail felony if the weapon that is the subject of the offense is a
	handgun; [and]
	(2) an offense under Subsection (a)(2)(B) is a state jail
	felony; and
	(3) an offense under Subsection (a)(7) is a state jail
	felony.
	SECTION 2. Chapter 46, Penal Code, is amended Section 46.16
	to read as follows:
	Sec.  46.16. WAITING PERIOD FOR FIREARMS TRANSFER. (a) No
	licensed firearms dealer shall sell or transfer a firearm to a
	purchaser younger than 21 years of age unless a 30-day waiting
	period has elapsed from the date of the transfer.
	(b) The 30-day waiting period under this section shall not
	apply to any sale or transfer of a firearm:
	(i) Made to a law enforcement officer, a member of the
	armed forces, or a firearms instructor; or
	(ii) Made as part of a lawful bequest or intestate
	succession.
	(c) Any person who violates the provisions of this statute
	shall be guilty of a Class A misdemeanor.
	SECTION 3. This Act takes effect September 1, 2023.