Bill Amendment: TX HB2454 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to the unlawful acquisition of certain weapons; creating a criminal offense.

Status: 2023-05-25 - Senate appoints conferees-reported [HB2454 Detail]

Download: Texas-2023-HB2454-Senate_Amendment_S_2_F4-Gutierrez.html

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Amend CSHB 2454 (senate committee report) as follows:

(1)  In the recital to SECTION 2 of the bill (page 1, lines 28 and 29), strike "Sections 46.06(a) and (d), Penal Code, are amended" and substitute "Section 46.06, Penal Code, is amended by amending Subsections (a), (c), and (d) and adding Subsection (c-1)".

(2)  In SECTION 2 of the bill, strike amended Section 46.06(a)(2), Penal Code (page 1, lines 35 through 38), and substitute the following:

(2)  intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give:

(A)  to a [any] child younger than 18 years of age a [any firearm,] club, [or] location-restricted knife, or firearm other than a semiautomatic rifle described by Paragraph (B); or

(B)  to a person younger than 21 years of age a semiautomatic rifle that is capable of accepting a detachable magazine and that has a caliber greater than .22;

(3)  In SECTION 2 of the bill, immediately following amended Section 46.06(a), Penal Code (page 2, between lines 6 and 7), insert the following:

(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 an exception to the application of Subsection (a)(2)(B) that:

(1)  the semiautomatic rifle is transferred to a recipient who:

(A)  is a peace officer; or

(B)  is currently serving in or has been honorably discharged from the United States armed forces; or

(2)  the transfer of the semiautomatic rifle is a temporary loan to a person who is to carry or use the semiautomatic rifle only:

(A)  while in the presence of the transferor;

(B)  while on property owned or leased by the transferor;

(C)  on the premises of a sport shooting range, as defined by Section 250.001, Local Government Code, and solely for the purpose of shooting targets at the range;

(D)  for the purpose of lawful hunting or sporting, or for lawful recreational activity; or

(E)  at a lawful competition involving the use of a firearm.

(4)  In SECTION 2 of the bill, in amended Section 46.06(d)(1), Penal Code (page 2, line 9), strike "Subsection (a)(2)" and substitute "Subsection (a)(2)(A) [(a)(2)]".

(5)  In SECTION 2 of the bill, in amended Section 46.06(d)(2), Penal Code (page 2, line 12), between "Subsection" and "(a)(7)", insert "(a)(2)(B) or".