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A BILL TO BE ENTITLED
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AN ACT
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relating to a required waiting period for certain firearm |
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transfers; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 child |
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younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(2-a) intentionally or knowingly sells, rents, or |
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leases a firearm to a person 18 years of age or older but younger |
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than 21 years of age and delivers the firearm to the person to whom |
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the firearm is being sold, rented, or leased before the 30th day |
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after the date on which: |
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(A) the firearm was sold to the person; or |
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(B) the lease or rental agreement for the firearm |
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was entered into by the person; |
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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 firearms dealer licensed under |
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18 U.S.C. Section 923. |
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(c-1) It is a defense to prosecution under Subsection |
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(a)(2-a) that the transfer was to a person who provided evidence to |
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the actor that the person is: |
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(1) a peace officer; or |
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(2) a member of the armed forces or state military |
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forces as defined by Section 431.001, Government Code. |
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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 firearm |
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[handgun]; and |
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(2) an offense under Subsection (a)(2-a) or (7) |
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[(a)(7)] is a state jail felony. |
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SECTION 2. 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 3. This Act takes effect September 1, 2025. |