Bill Text: TX HB2435 | 2023-2024 | 88th Legislature | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Community Safety, Select [HB2435 Detail]

Download: Texas-2023-HB2435-Introduced.html

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88R7843 MZM-D
By: Plesa H.B. No. 2435

A BILL TO BE ENTITLED
AN ACT
relating to the unlawful transfer or purchase of certain weapons;
creating a criminal offense.
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. Sections 46.06(a) and (d), Penal Code, are
amended to read as follows:
(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 to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) sells, rents, leases, loans, or gives a firearm or
ammunition for a firearm to any person knowing or having reasonable
cause to believe that the person is prohibited from possessing a
firearm or ammunition for a firearm by state or federal law
[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; or
(8) purchases or attempts 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 is prohibited from possessing
the firearm by state or federal law.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) an offense under Subsection (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)(4), (a)(7), or
(a)(8) is a state jail felony.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. 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 5. This Act takes effect September 1, 2023.