By: Zaffirini	S.B. No. 32

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting certain transfers, purchases, and
	possession of assault weapons; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 46, Penal Code, is amended by adding
	Section 46.055 to read as follows:
	Sec. 46.055.  UNLAWFUL PURCHASE OR POSSESSION OF ASSAULT
	WEAPON. (a) In this section, "assault weapon" means:
	(1)  a semiautomatic centerfire rifle that has the
	capacity to accept a detachable magazine and has:
	(A)  a pistol grip that protrudes conspicuously
	beneath the action of the firearm;
	(B)  a folding or telescoping stock;
	(C)  a thumbhole stock;
	(D)  a second handgrip or a protruding grip that
	can be held by the non-trigger hand;
	(E)  a flash suppressor; or
	(F)  a grenade launcher or flare launcher;
	(2)  a semiautomatic centerfire rifle that has a fixed
	magazine that holds more than 10 rounds of ammunition;
	(3)  a semiautomatic centerfire rifle that has an
	overall length of less than 30 inches;
	(4)  a semiautomatic shotgun that has the capacity to
	accept a detachable magazine;
	(5)  a semiautomatic shotgun that has a folding or
	telescoping stock and has:
	(A)  a thumbhole stock; or
	(B)  a second handgrip or a protruding grip that
	can be held by the non-trigger hand;
	(6)  a semiautomatic pistol that has the capacity to
	accept a detachable magazine and has:
	(A)  a second handgrip or a protruding grip that
	can be held by the non-trigger hand;
	(B)  an ammunition magazine that attaches to the
	pistol outside of the pistol grip;
	(C)  a threaded barrel capable of accepting a
	flash suppressor, forward handgrip, or silencer; or
	(D)  a shroud that is attached to or partially or
	completely encircles the barrel and that permits the shooter to
	hold the firearm with the non-trigger hand without being burned;
	(7)  a semiautomatic pistol that has a fixed magazine
	that holds more than 10 rounds of ammunition;
	(8)  a revolving cylinder shotgun; or
	(9)  a conversion kit, part, or combination of parts
	from which an assault weapon can be assembled or with which a
	firearm may be converted into a weapon described by Subdivision
	(1), (2), (3), (4), (5), (6), (7), or (8).
	(b)  A person who is younger than 21 years of age commits an
	offense if the person knowingly:
	(1)  purchases an assault weapon; or
	(2)  possesses an assault weapon.
	(c)  An offense under this section is a Class A misdemeanor.
	(d)  It is a defense to prosecution under Subsection (b)(1)
	that the actor purchased the assault weapon for the actual
	discharge of official duties as:
	(1)  a peace officer; or
	(2)  a member of the armed forces or state military
	forces as defined by Section 431.001, Government Code.
	(e)  It is a defense to prosecution under Subsection (b)(2)
	that:
	(1)  the actor possessed the assault weapon in the
	actual discharge of official duties, or directly en route to or from
	the person's place of assignment, as:
	(A)  a peace officer; or
	(B)  a member of the armed forces or state
	military forces as defined by Section 431.001, Government Code; or
	(2)  the actor lawfully possessed the assault weapon on
	August 31, 2023.
	SECTION 2.  Section 46.06, Penal Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsection (c-1)
	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:
	(A)  a [to any child younger than 18 years of age
	any firearm,] club, [or] location-restricted knife, or firearm
	other than an assault weapon to a person younger than 18 years of
	age; or
	(B)  an assault weapon to a person younger than 21
	years of age;
	(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 3.  Section 46.06(b), Penal Code, is amended by
	adding Subdivision (3) to read as follows:
	(3)  "Assault weapon" has the meaning assigned by
	Section 46.055.
	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.